Opinion
1:22-cv-632-GHW
09-12-2022
NEW CONSTELLIS HOLDINGS, INC., Plaintiff, v. NATIONAL BANK OF PAKISTAN, Defendant.
ORDER
GREGORY H. WOODS, United States District Judge:
On September 9, 2022, Plaintiff filed a notice of voluntary dismissal pursuant to F.R.C.P. 41(a)(1)(A)(i) and a proposed order granting voluntary dismissal. Dkt. Nos. 35, 36. F.R.C.P. 41(a)(1)(A) states that “the plaintiff may dismiss an action without a court order by filing: (i) a notice of dismissal before the opposing party serves either an answer or a motion for summary judgment ....” F.R.C.P. 41(a)(1)(A) (emphasis added). Because Defendant has not served either an answer or a motion for summary judgment, Plaintiff's notice of dismissal of dismissal is effective without a court order. Accordingly, the Court declines to enter the proposed order granting voluntary dismissal filed by Plaintiff. Dkt. No. 36.
SO ORDERED.