Sublett v. Wells Fargo Bank, N.A. et al, No. 3:2019cv00860 - Document 21 (W.D. Ky. 2020)

Court Description: OPINION AND ORDER by Judge Justin R. Walker on 4/23/2020 Dismissing Case with prejudice. cc: counsel (DLW)

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Sublett v. Wells Fargo Bank, N.A. et al Case 3:19-cv-00860-JRW-RSE Document 21 Filed 04/23/20 Page 1 of 2 PageID #: 91 Doc. 21 UNITED STATES DISTRICT COURT WESTERN DISTRICT OF KENTUCKY OMER C. SUBLETT PLAINTIFF v. CIVIL ACTION NO. 3:19-CV-00860-JRW-RSE WELLS FARGO BANK, N.A., ET AL. DEFENDANTS ORDER OF DISMISSAL WITH PREJUDICE 1. The Court GRANTS Omer C. Sublett’s motion to dismiss claims against Trans Union, LLC (DN 17). 2. The Court GRANTS Sublett’s motion to dismiss claims against Wells Fargo Bank, N.A. (DN 18). 3. The Court GRANTS Sublett’s motion to dismiss claims against Experian Information Solutions, Inc. (DN 19). 4. The Court DISMISSES this case with prejudice. OPINION Sublett submitted 3 proposed agreed orders of dismissal, one for each remaining defendant.1 A plaintiff can voluntarily dismiss an action without a court order “before the opposing party serves either an answer or a motion for summary judgment” 2 or if he files “a stipulation of dismissal signed by all parties who have appeared.”3 Otherwise, the court must enter an order.4 1 DN 17, DN 18, DN 19. Fed. R. Civ. P. 41(a)(1)(A)(i). 3 Fed. R. Civ. P. 41(a)(1)(A)(ii). 4 Fed. R. Civ. P. 41(a)(2). 2 Dockets.Justia.com Case 3:19-cv-00860-JRW-RSE Document 21 Filed 04/23/20 Page 2 of 2 PageID #: 92 In this case, the remaining defendants filed answers to the Complaint.5 And each proposed agreed order was not signed by each remaining party.6 Because the agreed orders do not fall under the rules allowing a plaintiff to voluntarily dismiss without a court order, the Court construes the agreed orders as Sublett’s requests to dismiss under Fed. R. Civ. P. 41(a)(2). Construed as such, dismissing this action by court order is the proper procedure. April 23, 2020 5 6 DN 9, DN 11, DN 15. DN 17, DN 18, DN 19.

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