Sweep America Intermediate Holdings, LLC v. Vitale, Jr.

Opinion

UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA ORLANDO DIVISION

SWEEP AMERICA INTERMEDIATE HOLDINGS, LLC, and USA SERVICES OF FLORIDA, LLC,

Plaintiffs,

v. Case No: 6:24-cv-2064-JSS-RMN

GABRIEL VITALE, JR., LIBERTY SWEEPING, LLC, and UNITED SWEEPING, LLC,

Defendants. ___________________________________/ ORDER Plaintiffs filed a notice of dismissal without prejudice of Defendant Liberty Sweeping, LLC, only (Dkt. 31) under Federal Rule of Civil Procedure 41(a)(1)(A)(i). See Fed. R. Civ. P. 41(a)(1)(A)(i) (“[T]he plaintiff may dismiss an action without a court order by filing . . . a notice of dismissal before the opposing party serves either an answer or a motion for summary judgment . . . .”). Given the meaning of “action,” the rule “allows a district court to dismiss all claims against a particular defendant.” City of Jacksonville v. Jacksonville Hosp. Holdings, L.P., 82 F.4th 1031, 1036 (11th Cir. 2023) (emphasis omitted). Here, the relevant “opposing party” is Liberty, and that Defendant has not filed an answer or motion for summary judgment. See PTA-FLA, Inc. v. ZTE USA, Inc., 844 F.3d 1299, 1307 (11th Cir. 2016) (“According to the plain text of Rule 41(a)(1)(A)(i), only the filing of an answer or a motion for summary judgment terminates a plaintiffs ability to voluntarily dismiss its claims without a court order.”). Accordingly: 1. All claims against Liberty are DISMISSED without prejudice. 2. Liberty’s motion to dismiss (Dkt. 28) is DENIED as moot. ORDERED in Orlando, Florida, on January 31, 2025. JUFIE S. SNEED UNITED STATES DISTRICT JUDGE

Copies furnished to: Unrepresented Parties Counsel of Record

_2-