Martinez v. Nationwide Mutual Insurance Company
This text of Martinez v. Nationwide Mutual Insurance Company (Martinez v. Nationwide Mutual Insurance Company) is published on Counsel Stack Legal Research, covering District Court, M.D. Florida 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 MIDDLE DISTRICT OF FLORIDA FORT MYERS DIVISION
MILENY MARTINEZ and LUIS CARBALLET,
Plaintiffs,
v. Case No: 2:25-cv-150-JES-NPM
NATIONWIDE MUTUAL INSURANCE COMPANY,
Defendant.
ORDER This matter comes before the Court on review of the file. On March 31, 2025, finding no response to defendant’s Motion to Dismiss Count II of Plaintiffs’ Complaint (Doc. #12), plaintiffs were directed to file a response by this same date. (Doc. #19.) In response, plaintiffs filed a Notice of Voluntary Dismissal of Count II of Complaint (Doc. #20) seeking dismissal of Count II without prejudice pursuant to Fed. R. Civ. P. 41(a). Under Federal Rule of Civil Procedure 41(a)(1)(A), a plaintiff may dismiss an action without a court order. Fed. R. Civ. P. 41(a)(1)(A). “A plain reading reveals that the Rule does not authorize the voluntary dismissal of individual claims; rather, the Rule requires that a plaintiff dismiss the entire action.” In re Esteva, 60 F.4th 664, 675 (11th Cir. 2023). The same is true of Rule 41(a)(2), which allows dismissal of an “action” at plaintiff’s request by court order. Rosell v. VMSB, LLC, 67 F.4th 1141, 1144 (11th Cir. 2023) (In the Eleventh Circuit, “a Rule 41(a) (2) dismissal can only be for an entire action, and not an individual claim.”) See also City of Jacksonville v. Jacksonville Hosp. Holdings, L.P., 82 F.4th 1031, 1039 (11th Cir. 2023). While voluntary dismissal is not appropriate, plaintiffs’ notice will be construed as a consent to the motion for dismissal of Count II. Accordingly, it is now ORDERED : 1. Defendant’s Motion to Dismiss Count II of Plaintiffs’ Complaint (Doc. #12) is GRANTED as unopposed and Count II is dismissed without prejudice. 2. Plaintiffs shall file an amended complaint without Count Il. DONE and ORDERED at Fort Myers, Florida, this 8th day of April 2025.
ox EL gee Zz. Ab Zo0b J9GHN E. STEELE SHNIOR UNITED STATES DISTRICT JUDGE
Copies: Counsel of Record
Free access — add to your briefcase to read the full text and ask questions with AI
Related
Cite This Page — Counsel Stack
Martinez v. Nationwide Mutual Insurance Company, Counsel Stack Legal Research, https://law.counselstack.com/opinion/martinez-v-nationwide-mutual-insurance-company-flmd-2025.