Herrera v. DaikyoNishikawa USA Inc

Opinion

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF ALABAMA NORTHEASTERN DIVISION DAISY HERRERA, ) ) Plaintiff, ) ) V. ) Case No.: 5:24-cv-0904-LCB ) DAIKYONISHIKAWA USA, INC., ) ) Defendant. ) )

MEMORANDUM

The plaintiff filed a complaint on July 9, 2024. (Doc. 1). On March 26, 2025, the plaintiff filed a notice of dismissal with prejudice. (Doc. 15). A party may voluntarily dismiss a lawsuit without a court order 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). The defendant in this case has not filed an answer or a motion for summary judgment. Because the plaintiff has filed a notice of dismissal pursuant to Rule 41(a)(1)(A)(i), Fed. R. Civ. P., the “dismissal [was] effective immediately upon the filing of a written notice of dismissal, and no subsequent court order is required.” Matthews v. Gaither, 902 F.2d 877, 880 (11th Cir. 1990). This case is therefore dismissed with prejudice. The Clerk of Court is DIRECTED to close this case. DONE and ORDERED March 27, 2025.

CE SE LILES C. BURKE UNITED STATES DISTRICT JUDGE