Opinion
4:23-cv-04108
07-17-2024
DENNIS HIGGINS PLAINTIFF v. VINITA EXPRESS INC.; GSC TRANSHOLDING LLC; CRT EXPRESS INC.; CRST MALONE, INC.; STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY; JOHN DOES 1, 2, 3, etc. DEFENDANTS
ORDER
Susan O. Hickey Chief United States District Judge
Before the Court is Plaintiff's Motion to Dismiss Separate Defendant CRST Malone, Inc. ECF No. 33. The Court finds the matter ripe for consideration.
On June 27, 2024, Plaintiff filed the instant Motion. Id. “[P]ursuant to Rule 41(a) of the Federal Rules of Civil Procedure,” Plaintiff “moves to dismiss the Separate Defendant, CRST Malone, Inc.” Id. No party has responded to the motion and the time to do so has passed. See Local Rule 7.2. “[A]n action may be dismissed at the plaintiff's request only by court order.” Fed. R. Civ. P 41(a)(2)..
Federal Rule of Civil Procedure (a)(2) further provides as follows: “If a defendant has pleaded a counterclaim before being served with the plaintiff's motion to dismiss, the action may be dismissed over the defendant's objection only if the counterclaim can remain pending for independent adjudication. Unless the order states otherwise, a dismissal under this paragraph (2) is without prejudice.” Fed. R. Civ. P 41(a)(2). Defendant CRST Malone, Inc., has not pleaded a counterclaim. See ECF No. 12.
Upon consideration, the Court finds that Plaintiff's Motion to Dismiss Separate Defendant CRST Malone, Inc., (ECF No. 33) should be and hereby is GRANTED. All claims against Defendant CRST Malone, Inc., are hereby DISMISSED WITHOUT PREJUDICE.
IT IS SO ORDERED,