Opinion
CV 123-167
12-08-2023
MARCO VERCH, Plaintiff, v. ALPHA AND OMEGA VISION CENTER, LLC d/b/a Insight Family Eye Care, and MH SUB I, LLC d/b/a Internet Brands, Defendants.
ORDER
J. RANDAL HALL, CHIEF JUDGE UNITED STATES DISTRICT COURT
Before the Court is Plaintiff's notice of dismissal without prejudice as to Defendant MH Sub I, LLC d/b/a Internet Brands ("Internet Brands"). (Doc. 11.) Federal Rule of Civil Procedure 41 governs the dismissal of actions including notices of dismissal. Rule 41(a)(1)(A)(i) allows a plaintiff to dismiss a case without a court order by filing "a notice of dismissal before the opposing party serves either an answer or a motion for summary judgment. Furthermore, "Rule 41(a) allows a district court to dismiss all claims against a particular defendant.” City of Jacksonville v. Jacksonville Hosp. Holdings, L.P., 82 F.4th 1031, 1036 (11th Cir. 2023) (citations omitted).
This motion was filed prior to Defendant Internet Brands serving an answer or a motion for summary judgment. Upon due consideration, the Court finds dismissal proper under Federal Rule of Civil Procedure 41(a)(1)(A)(i).
IT IS THEREFORE ORDERED that this matter is DISMISSED WITHOUT PREJUDICE as to Defendant Internet Brands. The Clerk is DIRECTED to TERMINATE Defendant Internet Brands as a party to this case. Plaintiff and Defendant Internet Brands shall bear their own costs and fees with respect to each other except as otherwise agreed.