Rodriguez v. Metropolitan Life Insurance Company

Filing 25

ORDER granting 24 Motion to Dismiss. Signed by Honorable Henry F Floyd on 10/15/09.(alew, )

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF SOUTH CAROLINA GREENVILLE DIVISION Armando Rodriguez, Plaintiff, v. Metropolitan Life Insurance Company, Defendant. ) ) ) ) ) ) ) ) ) Case No.: 6:09-67-HFF

CONSENT ORDER OF DISMISSAL WITHOUT PREJUDICE

THIS MATTER COMES BEFORE THE COURT upon motion of the Plaintiff to dismiss his complaint without prejudice. On July 24, 2009, the parties sent a letter to the court notifying the court that the matter was settled. However, before the settlement could be consummated, it became apparent that there was a misunderstanding and on September 22, 2009, Plaintiff moved to reinstate the case (D.E. 21). Defendant agreed to the reinstatement. Additionally, Plaintiff advises the court that he does not wish to pursue this matter in South Carolina any further, but, instead, wishes to pursue the matter in his home state of Texas. Therefore, Plaintiff asks that the court dismiss the matter sub judice without prejudice and the Defendant consents to this motion. Accordingly, for good cause shown, the matter sub judice is dismissed without prejudice pursuant to Fed.R.Civ.P. 41(a)(2). W HEREF OR E, it is ORDERED, ADJUDGED and DECREED that the matter sub judice is dismissed without prejudice pursuant to Fed.R.Civ.P. 41(a)(2). AND , IT IS SO ORDERED. s/H enry F. Floyd The Honorable Henry F. Floyd United States District Judge Date: October 15, 2009 Page 1 of 2

I SO MOVE: s/ Robert E. Hoskins Robert E. Hoskins, Esq. Foster Law Firm, L.L.P. Attorneys for Plaintiff

I CONSENT: s/ Chris Gantt-Sorenson Chris Gantt-Sorenson, Esq. Haynsworth Sinkler Boyd Attorneys for Defendant

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