06-21-10 - Notice of Voluntary Dismissal
06-21-10 - Notice of Voluntary Dismissal
Plaintiffs,
Defendants.
_________________________________/
pursuant to 42(a)(2) of the Federal Rules of Civil Procedure, hereby gives notice of its voluntary
dismissal of all claims asserted by it, without prejudice, in the above-entitled matter.
Specifically, Rule 41(a)(1)(A)(i) sets out that a Plaintiff may voluntarily dismiss its
claims without prejudice and without a Court Order by notice at any time prior to the Defendants
filing an Answer or moving for summary judgment. As of the filing of this Notice, no Defendant
has filed an Answer in this action. Further, while the Defendants have moved for summary
judgment, the Court denied the Defendants’ Motion for Summary Judgment without prejudice
essentially ruling that the same was prematurely filed. (D.E. 32). In light thereof, Plaintiff
asserts that voluntary dismissal by notice alone should be appropriate under Rule 41(a)(1)(A)(i).
42(a)(2) of the Federal Rules of Civil Procedure. Rule 42(a)(2) permits voluntary dismissal
without prejudice “by court order, on terms that the court considers proper.” Voluntary dismissal
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In an effort to minimize the number of parties and to streamline litigation, and because its principal organizer
Debbie Gunnoe will remain a Plaintiff, Navarre Patriots wishes to withdraw its claims.
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Case 9:10-cv-80062-KAM Document 45 Entered on FLSD Docket 06/21/2010 Page 2 of 5
without prejudice pursuant to Rule 42(a)(2) “should be granted unless a defendant would suffer
clear legal prejudice, other than the prospect of a subsequent lawsuit as a result.” See U.S. v.
Granting the Plaintiff’s request for voluntary dismissal will not cause any prejudice to the
Respectfully Submitted,
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CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a true copy hereof is being filed via the Court’s CM/ECF online
filing system, and that the same is being served on the Defendants, namely:
Nicholas Egoroff
5402 Andover Drive
Orlando, Florida 32812
Douglas Guetzloe
P.O. Box 531101
Orlando, Florida 32853
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Case 9:10-cv-80062-KAM Document 45 Entered on FLSD Docket 06/21/2010 Page 4 of 5
Plaintiffs,
Defendants.
_________________________________/
ORDER
THIS CAUSE came before the Court on Plaintiff NAVARRE PATRIOTS’ Notice of
Voluntary Dismissal, filed on June 21, 2010 [D.E. __]. Upon review of this motion, and for good
Plaintiff notes that he may, pursuant to Rule 41(a)(1)(A)(i), voluntarily dismiss his claims
prior to the Defendants having Answered or moved for summary judgment, that the Defendants
have not Answered, and that the Defendants’ Motion for Summary Judgment was denied as
prematurely filed. Thus, it is the Plaintiff’s position that he may voluntarily dismiss his claims
by notice alone.
Alternatively, Plaintiff asks that the Court allow him to voluntarily dismiss his claims
without prejudice pursuant to Rule 41(a)(2) as the Defendants will suffer no prejudice.
Regardless of whether dismissal would be under Rule 41(a)(1)(A)(i) or Rule 41(a)(2), the
result would be the same. The Court agrees that the Defendants will not be prejudiced by
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Case 9:10-cv-80062-KAM Document 45 Entered on FLSD Docket 06/21/2010 Page 5 of 5
ORDERED that Plaintiff Navarre Patriots’ claims in this action are dismissed without
prejudice.
____________________________
United States District Judge