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)

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

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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