Opinion
CIVIL ACTION NO. 11-0502-KD-C.
October 13, 2011
ORDER
This action is before the Court on Plaintiff Pennsylvania National Mutual Casualty Insurance Corporation's notice of dismissal without prejudice pursuant to Rule 41(a)(1)(A)(i) of the Federal Rules of Civil Procedure. (Doc. 9). The Rule provides for voluntary dismissal without prejudice by the plaintiff "by filing: (i) 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).
The docket indicates that defendants have not filed an answer or a motion for summary judgment. Accordingly, this action is dismissed without prejudice pursuant to the notice and the Clerk of the Court is directed to close this action.
Defendants Calvin and Allie King have filed a motion to dismiss for lack of jurisdiction. Defendant Baldwin County, Alabama has filed a notice of appearance and motion for extension of time to answer which has been granted.
DONE and ORDERED.