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Insurance | Connecticut
Order
ORDER Dismissing Case with Prejudice. Pursuant to Rule 41 of the Federal Rules of Civil Procedure, a notice of voluntary dismissal "automatically terminates the lawsuit," see Thorp v. Scarne, 599 F.2d 1169, 1177 n. 1 (2d Cir. 1979), if--as was the case here, see ECF No. 12--the notice is filed before "the opposing party serves either an answer or a motion for summary judgment." See Fed. R. Civ. P. 41(a)(1)(A). When timely filed, "[n]o action by the court is necessary to effectuate the [notice of voluntary] dismissal." Thorp, 599 F.2d at 1171 n. 1; see also Lindquist v. Murphy, No. 3:15-CV-0870 (CSH), 2015 WL 6692244, at *2 (D. Conn. Nov. 3, 2015) (recognizing that "because a voluntary dismissal is effective upon filing, no court order is technically required"). Even so, the court routinely issues an order after a plaintiff files their voluntary dismissal notice to, inter alia, acknowledge receipt of the notice and the plaintiff's "state[d]" intentions as to prejudice, see Fed. R. Civ. P 41(a)(1)(B), find as moot any pending motions, and or issue directions to the Clerk of Court. Here, this action is dismissed with prejudice because Plaintiff so stated that intention in his notice. See ECF No. 12. The Clerk of Court is asked, respectfully, to terminate this case. It is so ordered. Signed by Judge Omar A. Williams on 1/12/2026.(Matier, K)
Notice of Voluntary Dismissal
NOTICE of Voluntary Dismissal of ROM Technologies, Inc. by ROM Technologies, Inc. (Scofield, Edward)
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