UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA ORLANDO DIVISION

MICHAEL R. MCNEIL,

Plaintiff,

v. Case No: 6:24-cv-1796-JSS-DCI

JIMMY R FREEMAN, NANCY J FREEMAN TR, and CORNERSTONE FOODS LLC,

Defendants. ___________________________________/ ORDER On December 9, 2024, Plaintiff filed a Notice of Voluntary Dismissal with Prejudice Solely as to Defendants Jimmy R Freeman and Nancy J. Freeman TR. (Notice, Dkt. 30.) Because this document is styled a notice rather than a motion, the court presumes that Plaintiff is attempting to voluntarily dismiss this action as to the named Defendants under Federal Rule of Civil Procedure 41(a)(1). However, Rule 41(a)(1) only allows a plaintiff to dismiss an action by notice either “before the opposing party serves either an answer or a motion for summary judgment,” or by “a stipulation of dismissal signed by all parties who have appeared.” Fed. R. Civ. P. 41(a)(1)(A). Upon review of the docket, Defendants Jimmy R Freeman and Nancy J. Freeman TR have filed an answer, (Dkt. 24), and the Notice is signed only by Plaintiff, (see Dkt. 30). Accordingly, the Notice is ineffective under Rule 41(a)(1). The court construes the Notice as a motion to dismiss this case as against Jimmy R Freeman and Nancy J. Freeman TR under Rule 41(a)(2), which provides for dismissal upon court order “on terms that the court considers proper.” See Sanchez v. Discount Rock & Sand, Inc.,

, 1292 (11th Cir. 2023) (“Rule 41(a)(2), by its plain language, doesn’t require a motion... [a]nd, several times, we’ve approved dismissal orders that treated Rule 41(a)(1)(A) notices and stipulations as requests for a Rule 41(a)(2) court order.”). The court finds that the terms Plaintiff seeks in the Notice, dismissal of all claims against Jimmy R Freeman and Nancy J. Freeman TR with prejudice, to be proper. Accordingly, Plaintiffs construed motion to dismiss all claims against Defendants Jimmy R Freeman and Nancy J. Freeman TR under Rule 41(a)(2) (Dkt. 30) is GRANTED. The claims against Defendants Jimmy R Freeman and Nancy J. Freeman TR are DISMISSED with prejudice. ORDERED in Orlando, Florida, on December 10, 2024.

it, the JUMIE S. SNEED UNITED STATES DISTRICT JUDGE

Copies furnished to: Counsel of Record

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