Conservit, Inc. v. Deimler's Recycling, Inc. et al

Filing 53

ORDER granting Conservit's motion to discontinue 50 & DISMISSING action w/ out prejudice. (See order for complete details.) Signed by Chief Judge Christopher C. Conner on 5/24/17. (ki)

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IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF PENNSYLVANIA CONSERVIT, INC., Plaintiff v. DEIMLER’S RECYCLING, INC., and GREG A. DEIMLER, Defendants : : : : : : : : : : CIVIL ACTION NO. 1:14-CV-296 (Chief Judge Conner) ORDER AND NOW, this 24th day of May, 2017, upon consideration of the motion (Doc. 50) filed by plaintiff Conservit, Inc. (“Conservit”), to discontinue the abovecaptioned action against pro se defendants Deimler’s Recycling, Inc. (“Deimler’s Recycling”), and Greg A. Deimler (“Deimler”), and the court construing Conservit’s motion as a request to voluntarily dismiss this matter pursuant to Federal Rule of Civil Procedure 41(a)(2), see FED. R. CIV. P. 41(a)(2), and the court observing that this matter is presently stayed as to Deimler’s Recycling pursuant to 11 U.S.C. § 362 pending resolution of the bankruptcy proceedings referenced in the suggestion of bankruptcy (Doc. 23) filed by Deimler’s Recycling on October 29, 2014, but that the trustee in bankruptcy does not oppose dismissal of this action, (see Doc. 52), and the court thus finding that the requested dismissal is proper and that no defendant will suffer prejudice thereby, see FED. R. CIV. P. 41(a)(2), it is hereby ORDERED that Conservit’s motion (Doc. 50) is GRANTED and the above-captioned action is DISMISSED without prejudice. /S/ CHRISTOPHER C. CONNER Christopher C. Conner, Chief Judge United States District Court Middle District of Pennsylvania

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