Hussain v. Stadelman

UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA ORLANDO DIVISION

SYED IBRAHIM HUSSAIN, SYED MUHAMMAD BAQIR HUSSAIN, SYEDA SARA HUSSAIN, BRIAN GUEX and ROSELENE GUEX, Plaintiffs, v. Case No: 6:22-cv-1886-CEM-LHP H. JAMES STADELMAN, INTERVAL TITLE SERVICES, INC., JONATHAN BLOOM, KHALID MUNEER, JUPITER PROPERTIES, INC., JERRY LADELLE SESSIONS, II , PRIME INTERNATIONAL PROPERTIES, LLC, PRIME INTERNATIONAL PROPERTIES DUVAL, LLC, PRIME INTERNATIONAL PROPERTIES CLAY, INC., FAMILY MEDICINE AND REHAB, INC. and SYED SAJID HUSSAIN, Defendants

ORDER TO STRIKE This cause comes before the Court on a Joint Stipulation for Dismissal Without Prejudice filed by Plaintiffs and counsel for Defendant Jonathan Bloom, in which these parties jointly ask the Court to dismiss Jonathan Bloom as a party, without prejudice, pursuant to Federal Rule of Civil Procedure 41(a)(2). Doc. No. 68. No other parties have joined in the filing. Cf. Fed. R. Civ. P. 41(a)(1)(A)(ii).

Since its filing, the Joint Stipulation has been construed as a motion, and referred to the undersigned.

Upon consideration, given that the parties are requesting dismissal by Court Order under Rule 41(a)(2), the Court will require the parties to file a motion in compliance with the Local Rules and Federal Rules of Civil Procedure, setting forth the bases for why the requested relief should be granted. See generally Johnson v. Pringle Dev., Inc., No. 5:05-cv-37-Oc-10GRJ, 2006 WL 2189542, at *2 (M.D. Fla. Aug.

1, 2006) (“[A] voluntary dismissal under Rule 41(a)(2) requires a substantial role by the court for its effectuation: the plaintiff must move in writing to dismiss the action; the court must exercise discretion to approve or disapprove the motion; the court must decide whether to impose conditions on the moving party; and the dismissal is not valid unless the parties obtain a court order.”).

Accordingly, the Joint Stipulation for Dismissal Without Prejudice (Doc. No. 68) is hereby STRICKEN. On or before May 9, 2023, Plaintiffs and Jonathan Bloom shall file a motion in full compliance with the Local Rules and Federal Rules of Civil Procedure setting forth the bases for the requested relief. Alternatively, by this same deadline, Plaintiffs may file a notice of dismissal with respect to Jonathan Bloom in accordance with Fed. R. Civ. P. 41(a)(1)(A)(i).

DONE and ORDERED in Orlando, Florida on April 24, 2023.

ay □□□□□ LESLIE AN PRICE UNITED STATES MAGISTRATE JUDGE Copies furnished to: Counsel of Record Unrepresented Parties Qo