Hart v. SWAGGIN WAGON, INC. et al

Filing 7

ORDER DISMISSING CASE WITHOUT PREJUDICE.. Signed by Judge David A. Ezra. (lg1)

UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF TEXAS
MIDLAND DIVISION
SCOTT W. HART, on behalf of himself §
and all others similarly situated
§
§
Plaintiff,
§
§
vs.
§
§
SWAGGIN WAGON, INC., BRAD
§
PARSON, and RICKEY STANLEY, §
§
Defendants.
§

NO. 7:15-CV-225-DAE

DISMISSAL ORDER
Before the Court is a Notice of Voluntary Dismissal filed by Scott W.
Hart (“Plaintiff”) on January 12, 2016. (Dkt. # 6.)
Under the Federal Rules of Civil Procedure, a plaintiff “may dismiss
an action without a court order by filing a notice of dismissal before the opposing
party serves either an answer or a motion for summary judgment.” Fed. R. Civ.
P. 41(a)(1)(A)(i). This dismissal should be without prejudice, unless “the plaintiff
previously dismissed any federal- or state-court action based on or including the
same claim.” Id. at (a)(1)(B).
Swaggin Wagon, Inc., Brad Parson, and Rickey Stanley (collectively,
“Defendants”) have not served an answer to Plaintiff’s complaint, and have not
served a motion for summary judgment. The Court is not aware of any instance

where the Plaintiff previously dismissed a court action based on the claims alleged
in his complaint. (Dkt. # 1.) Accordingly, dismissal pursuant to Federal Rule of
Civil Procedure 41(a) is appropriate.
The Court hereby ORDERS the instant suit be DISMISSED
WITHOUT PREJUDICE as to all Defendants.
IT IS SO ORDERED.
DATED: Midland, Texas, January 13, 2016

_____________________________________
David Alan Ezra
Senior United States Distict Judge