Gajewski v. Capital One Bank USA NA

Filing 10

ORDER signed by Judge J.P. Stadtmueller on 8/28/2017: ADOPTING 9 Plaintiff's Notice of Voluntary Dismissal and DISMISSING CASE with prejudice, each party to bear its own costs. (cc: all counsel)(jm)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF WISCONSIN
JENNIFER GAJEWSKI,
Plaintiff,

v.

Case No. 17-CV-601-JPS

CAPITAL ONE BANK USA N.A.,
Defendant.

ORDER

On April 27, 2017, Plaintiff filed this action alleging violations of the
Telephone Consumer Protection Act. (Docket #1). Defendant has been
served but has not yet responded to the complaint. See (Docket #5). On
August 25, 2017, Plaintiff filed a notice of voluntary dismissal of this action
with prejudice and without costs to either party. (Docket #9). Because
Defendant has not yet responded to the complaint, the Court will adopt
Plaintiff’s notice. See Fed. R. Civ. P. 41(a)(1)(A)(i).
Accordingly,
IT IS ORDERED that Plaintiff’s notice of voluntary dismissal
(Docket #9) be and the same is hereby ADOPTED; this action be and the
same is hereby DISMISSED with prejudice, each party to bear its own
costs.
Dated at Milwaukee, Wisconsin, this 28th day of August, 2017.
BY THE COURT:

____________________________________
J. P. Stadtmueller
U.S. District Judge