Engel v. Commissioner of Social Security Administration

Filing 28

ORDER DISMISSING CASE signed by Judge Pamela Pepper on 8/22/2019. 25 Plaintiff's motion to dismiss GRANTED; case DISMISSED without prejudice. Hearing set for 9/17/2019 CANCELLED. (cc: all counsel, via mail to Michelle Engel)(cb)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF WISCONSIN

MICHELLE A. ENGEL,
Plaintiff,
v.

Case No. 17-cv-572-pp

COMMISSIONER OF THE
SOCIAL SECURITY ADMINISTRATION,
Defendant.
ORDER GRANTING PLAINTIFF’S MOTION TO DISMISS (DKT. NO. 25)
AND DISMISSING CASE

The court had scheduled a September 17, 2019 hearing on the plaintiff’s
appeal from the defendant’s decision denying her application for benefits. On
August 15, 2019, the plaintiff filed a motion to dismiss her case. Dkt. No. 25.
The plaintiff explained that she thought her appeal had been denied, and that
she had opened a new case with the assistance of counsel. Id. The plaintiff
expressed her desire to pursue her claim in the new case. Id. The defendant
does not oppose the motion, but asks that the case be dismissed with
prejudice. Dkt. No. 26.
Rule 41(a)(2) provides that a court may dismiss the action on the
plaintiff’s request, but, unless otherwise stated, the dismissal is without
prejudice. While the plaintiff indicates that counsel will assist her with her new
case, it is not clear whether she has consulted with counsel in connection with
her motion.
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The court GRANTS the plaintiff’s motion to dismiss. Dkt. No. 25.
The court ORDERS that this case is DISMISSED without prejudice and
will enter judgment accordingly.
The court ORDERS that the hearing scheduled for September 17, 2019
is REMOVED from the court’s calendar.
Dated in Milwaukee, Wisconsin this 22nd day of August, 2019.
BY THE COURT:
_____________________________________
HON. PAMELA PEPPER
United States District Judge

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