UNITED STATES DISTRICT COURT WESTERN DISTRICT OF NORTH CAROLINA ASHEVILLE DIVISION 1:22-cv-00158-MOC-WCM

AMERICAN SAFETY UTILITY ) CORPORATION, ) ) Plaintiff, ) ) vs. ) ORDER ) STATE AUTO PROPERTY AND CASUALTY ) INSURANCE COMPANY ) ) ) Defendant. ) ______________________________________ )

THIS MATTER is before the court on Plaintiff’s Unopposed Motion for a Voluntary Dismissal Without Prejudice. (Doc. No. 14). “A plaintiff's motion to voluntarily dismiss a claim should not be denied absent plain legal prejudice to the defendant.” Ellett Bros., Inc. v. U.S. Fidelity & Guar. Co.,

, 388 (4th Cir. 2001). Here, Plaintiff has conferred with Defendant, and Defendant does not oppose the motion to dismiss without prejudice. Therefore, pursuant to Federal Rule of Civil Procedure 41(a)(2), this Court will grant the motion. ORDER IT IS, THEREFORE, ORDERED that plaintiffs’ Unopposed Motion for a Voluntary Dismissal Without Prejudice (Doc. No. 14) is GRANTED and accordingly this case is DISMISSED without prejudice. This case is TERMINATED and the parties shall bear their own costs. hewdeunesal ip, WIN ben □□□ (ML , Max O. Cogburn J United States District Judge al ag et