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Personal Inj. Med. Malpractice | Florida Middle
Miscellaneous Relief
MOTION for Miscellaneous Relief, specifically Defendants' Daubert Motion to Exclude Jackie Otto's Expert Opinion and Testimony by Kelli Russo, Brian Spiro, The School Board of Hillsborough County. (Attachments: # 1 Exhibit 1 - CV of Jackie Otto, # 2 Exhibit 2 - Depo of Jackie Otto, # 3 Exhibit 3 - Report of Jackie Otto, # 4 Exhibit 4 - Report of Barbie Shames)(Metzler, Debra)
Insurance | Florida Middle
Order to Strike
ENDORSED ORDER striking 31 Plaintiff's Notice of Voluntary Dismissal With Prejudice. Federal Rule of Civil Procedure 41 provides that 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) (emphasis added). Because an answer has been filed (see Doc. 6), a voluntary dismissal without court order may only be effected via "a stipulation of dismissal signed by all parties who have appeared." Fed. R. Civ. P. 41(a)(1)(A)(ii). Plaintiff may file a notice of dismissal that complies with Rule 41 by August 10, 2026. The Clerk of Court is DIRECTED to STRIKE Plaintiff's Notice (Doc. 31). Signed by Judge Sheri Polster Chappell on 8/3/2026. (RKR)
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