SAKE v. PRUDENTIAL INSURANCE COMPANY OF AMERICA

No. 8:16CV423.

RUTH SAKE, Plaintiff, v. PRUDENTIAL INSURANCE COMPANY OF AMERICA, A foreign corporation; Defendant.

United States District Court, D. Nebraska.

Editors Note
Applicable Law: 28 U.S.C. § 1446
Cause: 28 U.S.C. § 1446 Petition for Removal
Nature of Suit: 791 Labor: E.R.I.S.A.
Source: PACER


Attorney(s) appearing for the Case

Ruth Sake, Plaintiff, represented by Aimee C. Bataillon , WOODKE, GIBBONS LAW FIRM.

Ruth Sake, Plaintiff, represented by Earl G. Greene, III , WOODKE, GIBBONS LAW FIRM & Michael T. Gibbons , WOODKE, GIBBONS LAW FIRM.

Prudential Insurance Company of America, Defendant, represented by Angela L. Burmeister , BERKSHIRE, BURMEISTER LAW FIRM, Samuel Schwartz-Fenwick , SEYFARTH, SHAW LAW FIRM, pro hac vice & Shelley Hebert , SEYFARTH, SHAW LAW FIRM, pro hac vice.


ORDER OF DISMISSAL

LAURIE SMITH CAMP, Chief District Judge.

This matter is before the Court on the Notice of Dismissal, ECF No. 35, filed by Plaintiff Ruth Sake. Under Federal Rule of Civil Procedure 41(a)(2),1 the Court finds that the Notice of Dismissal should be granted, and the above-captioned action should be dismissed without prejudice. The Court will not assess costs or attorney's fees. Accordingly,

IT IS ORDERED:

1. Plaintiff Ruth Sake's Notice of Dismissal, ECF No. 35, is granted;

2. The above-captioned action is dismissed without prejudice;

3. Any other pending motions are terminated; and

4. The Court will not assess costs or attorney's fees.

Dated this 19th day of April, 2017.

FootNotes


1. Sake filed the Notice of Dismissal pursuant to Federal Rule of Civil Procedure 41(a)(1)(A)(i), however, the notice does not comply with 41(a)(1)(A)(i) because the Defendant has already filed an answer. See ECF No. 21. Therefore, the Court will treat the notice as a plaintiff's motion for dismissal under Rule 41(a)(2).

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