Case Activity (28)

1. Order | Filed: March 31, 2021 | Entered: March 31, 2021 Titan Florida, LLC v. Watermark Environmental, Inc. et al

   Miller Act | Florida Southern

   Order Dismissing Case

   PAPERLESS ORDER. THIS CAUSE came before the Court upon Plaintiff's Notice of Voluntary Dismissal with Prejudice. 27 .
   
   Federal Rule of Civil Procedure 41(a)(1)(A) provides that a plaintiff may dismiss an action without a court order by filing a notice of dismissal before the defendant serves an answer or a motion for summary judgment, or by filing a stipulation of dismissal signed by all parties who have appeared. Fed. R. Civ. P. 41(a)(1)(A)(i)-(ii). Federal Rule of Civil Procedure Rule 41(a)(2) provides that, in all other circumstances, "an action may be dismissed at the plaintiff's request only by court order, on terms that the court considers proper." Fed. R. Civ. P. 41(a)(2). "Dismissal on motion of the plaintiff pursuant to Rule 41(a)(2) is within the sound discretion of the district court[.]" McCants v. Ford Motor Co., Inc., 781 F.2d 855, 857 (11th Cir. 1986) (citation omitted). However, "dismissal should be granted unless the defendant will suffer clear legal prejudice[.]" Id. at 85657 (citations omitted).
   
   Here, Defendant Titan Florida, LLC has filed a Motion for Summary Judgement 14 and Defendant General Reinsurance Corporation has filed its Answer 9 . Therefore, dismissal of Plaintiff's claims against Defendants requires a court order because the Notice 27 is signed only by Plaintiff. See Fed. R. Civ. P. 41(a)(1)(A)(i)-(ii). Additionally, Defendants will suffer no clear legal prejudice since Plaintiff's claims are dismissed with prejudice against both Defendants. See McCants, 781 F.2d at 85657. Therefore, the Court finds it is proper to permit Plaintiff to dismiss its claims against Defendants.
   
   Accordingly, UPON CONSIDERATION of the Notice 27 , the pertinent portions of the record, and being otherwise fully advised in the premises, it is ORDERED AND ADJUDGED that the above-styled cause is hereby DISMISSED WITH PREJUDICE. The Clerk of the Court is instructed to CLOSE this case. All pending motions, if any, are DENIED AS MOOT. Signed by Chief Judge K. Michael Moore on 3/31/2021. (thn)

2. Notice | Filed: March 31, 2021 | Entered: March 31, 2021 Titan Florida, LLC v. Watermark Environmental, Inc. et al

   Miller Act | Florida Southern

   Notice of Voluntary Dismissal - aty

   NOTICE of Voluntary Dismissal by Titan Florida, LLC (Marell, William)

3. 26 additional result(s)