Opinion
1:21-CV-60-TAV-CHS
06-08-2022
SW RESTORATION, LLC, Plaintiff, v. STATE FARM FIRE AND CASUALTY COMPANY, Defendant.
MEMORANDUM OPINION AND ORDER
THOMAS A. VARLAN UNITED STATES DISTRICT JUDGE
This civil matter is before the Court on the Report and Recommendation (“R&R”) entered by United States Magistrate Judge Christopher H. Steger, on May 23, 2022 [Doc. 20]. In the R&R, Judge Steger recommends that the Court grant plaintiff's motion to voluntarily dismiss without prejudice [Doc. 16] subject to certain conditions. There have been no timely objections to the R&R, and enough time has passed since the filing of the R&R to treat any objections as having been waived. See 28 U.S.C. § 636(b)(1); Fed.R.Civ.P. 72.
After a careful review of the matter, the Court is in complete agreement with Judge Steger's recommendations, which the Court adopts and incorporates into its ruling. Accordingly, the Court ACCEPTS and ADOPTS the R&R in whole [Doc. 20], and plaintiff's motion to voluntarily dismiss without prejudice [Doc. 16] is GRANTED. This case is hereby DISMISSED without prejudice. However, should plaintiff timely re-file this action, defendant is entitled to payment of reasonable attorney fees and expenses incurred in the current action in connection with: (1) removing this action from state court to this Court; (2) preparing an answer to the complaint; (3) preparing its Rule 26(f) report; and (4) responding to plaintiff's motion for leave to dismiss without prejudice. The Clerk of Court is DIRECTED to close this case.
IT IS SO ORDERED.