Advanced Care Center et al v. USA, No. 5:2010cv00437 - Document 5 (E.D. Ky. 2011)
Court Description: MEMORANDUM OPINION & ORDER: (1) Plaintiffs' 4 MOTION for Voluntary Dismissal is GRANTED. (2) Plaintiffs' Complaint is DISMISSED without prejudice. (3) Clerk shall STRIKE THIS MATTER FROM THE ACTIVE DOCKET. Signed by Judge Joseph M. Hood on January 14, 2011. (AWD) cc: COR
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Advanced Care Center et al v. USA Doc. 5 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF KENTUCKY CENTRAL DIVISION at LEXINGTON ADVANCED CARE CENTER, et al., Plaintiffs, v. UNITED STATES OF AMERICA, Defendant. ** ** ) ) ) ) ) ) ) ) ) ** Civil Action No. 5:10-cv-437-JMH MEMORANDUM OPINION & ORDER ** ** This matter is before the Court on Plaintiffs’ Motion for Voluntary Dismissal [DE 4]. Plaintiffs have requested relief under Fed. R. Civ. P. 41(a)(1)(A) which provides that a 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.” The United States of America has neither filed an answer nor made a motion for summary judgment. Accordingly, Plaintiffs’ request is well-taken, although no order of the Court is necessarily required to effect the relief they seek. Nonetheless, having considered the matter and being adequately advised, IT IS ORDERED: (1) that Plaintiffs’ Motion for Voluntary Dismissal [DE 4] is GRANTED; (2) that Plaintiffs’ Complaint is DISMISSED without prejudice; Dockets.Justia.com (3) that the Clerk shall STRIKE THIS MATTER FROM THE ACTIVE DOCKET. This is the 14th day of January, 2011. -2-
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