Opinion
2:22-cv-449-SPC-NPM
02-02-2024
UNITED STATES OF AMERICA ex rel. ANGELA D'ANNA, KRISTLE THAYER Relator, v. SOUTH FLORIDA NUCLEAR GROUP LLC and DAVID A. SMITH, Defendants.
FILED UNDER SEALED
SHERI POLSTER CHAPPELL, UNITED STATES DISTRICT JUDGE
ORDER
Before the Court is the Relator Kristle Thayer's Voluntary Motion to Dismiss Without Prejudice, filed in camera and under seal, brought under Federal Rule of Civil Procedure 41. (Doc. 15). The United States “does not oppose the dismissal of this action.” (Doc. 15 at 2); see also 31 U.S.C. § 3730(b)(1).
Rule 41(a)(1)(A)(i) allows a plaintiff to dismiss an action voluntarily, without a court order, before the opposing party serves an answer or a motion for summary judgment. This dismissal is effective on filing. See Anago Franchising, Inc. v. Shaz, LLC, 677 F.3d 1272, 1278 (11th Cir. 2012). Thus, per Rule 41, the Court dismisses this case without prejudice.
Accordingly, it is
ORDERED:
(1) Relator Kristle Thayer's Voluntary Motion to Dismiss Without Prejudice (Doc. 15) is GRANTED.
(2) The above-captioned case is DISMISSED without prejudice.
(3) The Clerk is DIRECTED to terminate any deadlines and close the file.
DONE and ORDERED