Buckley v. Aegis Security Insurance Company
This text of Buckley v. Aegis Security Insurance Company (Buckley v. Aegis Security Insurance Company) is published on Counsel Stack Legal Research, covering District Court, E.D. Louisiana primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
UNITED STATES DISTRICT COURT EASTERN DISTRICT OF LOUISIANA
ELBERT BUCKLEY CIVIL ACTION
VERSUS NO. 23-3457
AEGIS SECURITY SECTION “B”(5) INSURANCE COMPANY
ORDER
Considering plaintiff Elbert Buckley’s motion for dismissal of complaint certain claims without prejudice (Rec. Doc. 15) and plaintiff’s counsel motion for dismissal of complaint (Rec. Doc. 14), IT IS ORDERED that plaintiff Elbert Buckley’s motion for dismissal of complaint certain claims without prejudice (Rec. Doc. 15) is GRANTED. Plaintiff asserts his right to dismiss without prejudice pursuant to Federal Rules of Civil Procedure 41(a). The provision provides for two possible grounds for dismissal without prejudice: without a court order or by court order. The latter ground permits the court to dismiss “on terms that the court considers proper.” Fed. R. Civ. P. 41(a)(2). As the Fifth Circuit has instructed, “The primary purpose in entrusting dismissal to the supervision of the court under Rule 41(a)(2) is to protect the non-movant from unfair treatment. Generally, courts approve such dismissals unless the defendant will suffer some plain legal prejudice other than the mere prospect of a second lawsuit.” Ikospentakis v. Thalassic S.S. Agency, 915 F.2d 176, 177 (5th Cir. 1990). Although defendant Aegis Security Insurance Company has not joined plaintiff’s motion, the Court accepts plaintiff’s contention that defendant “is unopposed to this motion.”
IT IS FURTHER ORDERED that plaintiff’s counsel motion for dismissal of complaint (Rec. Doc. 14) is DISMISSED AS MOOT.
New Orleans, Louisiana, this 16th day of November, 2023
___________________________________ SENIOR UNITED STATES DISTRICT JUDGE
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