Dixie Plumbing Specialties Inc v. Cain Industries Inc et al

Filing 9

ORDER signed by Judge J.P. Stadtmueller on 10/10/2017: ADOPTING 8 Plaintiff's Notice of Voluntary Dismissal and DISMISSING CASE without prejudice. (cc: all counsel)(jm)

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UNITED STATES DISTRICT COURT EASTERN DISTRICT OF WISCONSIN DIXIE PLUMBING SPECIALTIES, INC., Plaintiff, v. Case No. 17-CV-1095-JPS CAIN INDUSTRIES, INC. and JOHN DOES 1–5, ORDER Defendants. On August 9, 2017, Plaintiff filed this action alleging violations of the Telephone Consumer Protection Act, as amended by the Junk Fax Prevention Act of 2005. (Docket #1). Defendant has been served but has not yet responded to the complaint. See (Docket #6). On October 3, 2017, Plaintiff filed a notice of voluntary dismissal of this action without prejudice. (Docket #8). 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 #8) be and the same is hereby ADOPTED; this action be and the same is hereby DISMISSED without prejudice. Dated at Milwaukee, Wisconsin, this 10th day of October, 2017. BY THE COURT: ____________________________________ J. P. Stadtmueller U.S. District Judge

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