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Suter v. Carson

United States District Court, D. Minnesota

April 8, 2014

Joshua S. Suter, Plaintiff,
v.
Bruce Carson, Defendant.

Dean E. Richardson, Esq. and Moye White, LLP, counsel for plaintiff.

Courtney A. Sekevitch, Esq. and Foley & Mansfield, PLLP, counsel for defendant.

ORDER

DAVID S. DOTY, District Judge.

This matter is before the court upon the notice of dismissal by plaintiff Joshua S. Suter. According to Rule 41, "the 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." Fed.R.Civ.P. 41(a)(1)(A)(i). "These two instances have been construed strictly and exclusively." Safeguard Bus. Sys., Inc. v. Hoeffel , 907 F.2d 861, 863 (8th Cir. 1990); see also Anderson v. Schwing Am., Inc., No. 02-1774, 2003 WL 21360127, at *3 (D. Minn. June 9, 2003) (noting that "a [m]otion to [d]ismiss raises no legal barrier to the [p]laintiff's right to unilaterally dismiss his [c]omplaint without leave of the [c]ourt." (citation and internal quotation marks omitted)). Here, defendant Bruce Carson filed a motion to dismiss. See ECF No. 12 Carson has not, however, filed an answer or a motion for summary judgment.[1] Because Suter filed his notice of voluntary dismissal before Carson answered or moved for summary judgment, "the voluntary dismissal ...


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