Opinion
7:24-CV-98
12-11-2024
CAROLYN WILSON, Plaintiff, v. LENDMARK FINANCIAL SERVICES LLC, EXPERIAN INFORMATION SOLUTIONS, INC., and EQUIFAX, LLC, Defendants.
ORDER
W. LOUIS SANDS, SR. JUDGE UNITED STATES DISTRICT COURT
Before the Court is Plaintiff Carolyn Wilson and Defendant Lendmark Financial Services, LLC (“Defendant Lendmark”) Notice of Dismissal with Prejudice as to Defendant Lendmark (Doc. 15). Therein, the Parties stipulate that Plaintiffs claims against Defendant Lendmark be dismissed with prejudice, with each party bearing their own costs and attorneys' fees.
Under Rule 41(a) a plaintiff may dismiss an action without court approval by filing a “notice of dismissal before the opposing party serves either an answer or a motion for summary judgment.” Fed.R.Civ.P. 41 (a)(1)(A)(i). Here, although Defendant Equifax has filed an answer, Defendant Lendmark has not. Dismissal by notice is thus proper without court approval as to Defendant Lendmark. Accordingly, the Court ACCEPTS the Notice of Dismissal (Doc. 15). Plaintiff5 s claims against Defendant Lendmark are hereby DISMISSED-WITH-PREJUDICE. The Clerk is DIRECTED to terminate Defendant Lendmark as a Party to the action.
SO ORDERED.