Opinion
Civil Action 22-00046-KD-B
05-20-2022
ADAM THOMAS PARNELL, Plaintiff, v. TRADER'S HILL BOAT HOLDINGS LLC, DAVID H. MARSHALL, RENATE B. MARSHALL as Personal Representative of the ESTATE OF DAVID HALL MARSHALL, RENATE B. MARSHALL, BONDY'S HOLDINGS, INC., in personam, and M/V TRADERS HILL, in rem, Defendants.
ORDER
KRISTI K. DuBOSE UNITED STATES DISTRICT JUDGE
This action is before the Court on the unopposed motion to dismiss without prejudice filed by Plaintiff Adam Thomas Parnell (doc. 14). Parnell seeks dismissal without prejudice of all claims against Defendant Bondy's Holdings, Inc. He states that the remaining Defendants do not oppose the motion. To date, Bondy's has not filed an answer or otherwise appeared.
Parnell did not identify any legal or procedural grounds for Bondy's dismissal. However, Fed.R.Civ.P. 41(a)(1)(A)(i) appears appropriate. The Rule provides for voluntary dismissal of an action by the plaintiff “without a court by filing a notice of dismissal before the opposing party serves either an answer or a motion for summary judgment[.]” Although drafted in terms of dismissal of an “action”, the Rule “allows a plaintiff to dismiss all of his claims against a particular defendant” and the action remains pending as to other defendants. See Klay v. United Healthgroup, Inc., 376 F.3d 1092, 1106 (11th Cir. 2004).
Accordingly, upon consideration, the motion is GRANTED and Defendant Bondy's Holdings, Inc, is dismissed without prejudice.
DONE and ORDERED