Launching Pad Raleigh Trampoline Park Inc. v. Cooper

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF NORTH CAROLINA WESTERN DIVISION No. 5:20-cv-00219-M LAUNCHING PAD RALEGH TRAMPOLINE.) PARK INC., a North Carolina corporation, and ) KRISTIE A. SISSON Plaintiffs, ) ORDER v. ROY COOPER, in his official capacity as ) Governor of the State of North Carolina ) ) Defendant. ) oY This matter is before the Court on Plaintiffs notice of voluntary dismissal, without prejudice, pursuant to Federal Rule of Civil Procedure 41(a)(1)(A)(@). [DE-13.] Under Rule 41(a)(1), an action may be voluntarily dismissed by a plaintiff without order of the court at any time before service by the adverse party of an answer or a motion for summary judgment. See Fed. R. Civ. P. 41(a)(1). Although Defendant has filed a motion to dismiss [DE-10], Defendant has not filed an answer or a motion for summary judgment, and the notice of voluntary dismissal is proper. See U.S. Tobacco Coop., Inc. v. Big S. Wholesale of Virginia, LLC, 365 F. Supp. 3d 604, 614 (E.D.N.C. 2019) (“Rule 41(a)(1)(A)() provides a plaintiff with the right to dismiss an action without a court order by filing a notice of dismissal before the opposing party has filed an answer or motion for summary judgment . ... Accordingly, by operation of the notice of voluntary dismissal, the United States has been dismissed as a defendant in this action... . and the United States’ motion to dismiss is denied as moot.”). Accordingly, Defendant’s motion to dismiss [DE-10] is DENIED as moot, and the action is DISMISSED without prejudice. The Clerk is DIRECTED to close the case. SO ORDERED, this the rs of August, 2020. Maal © Vis RICHARD E. MYERS I UNITED STATES DISTRICT JUDGE