Video Display Corporation v. Lexel Imaging Systems, Inc. et al, No. 5:2014cv00403 - Document 19 (E.D. Ky. 2014)
Court Description: OPINION & ORDER: 1) all pending motions in the case are deemed MOOT. 2) this action is dismissed without prejudice and shall be STRICKEN FROM THE ACTIVE DOCKET. Signed by Judge Karen K. Caldwell on 12/9/2014.(STC)cc: COR,D
Download PDF
<![CDATA[
Video Display Corporation v. Lexel Imaging Systems, Inc. et al Doc. 19 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF KENTUCKY CENTRAL DIVISION AT LEXINGTON CIVIL ACTION NO. 5:14-CV-403-KKC VIDEO DISPLAY CORPORATION v. PLAINTIFF OPINION AND ORDER LEXEL IMAGING SYSTEMS, INC., CITADEL PARTNERS, LLC, and KALE K. ROSCOE DEFENDANTS ** ** ** ** ** This matter is before the Court on the plaintiff’s Notice of Voluntary Dismissal (DE 16). The Federal Rules of Civil Procedure provide 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.” Fed. R. Civ. P. 41(a)(1)(A)(i). None of the defendants has filed an answer or summary judgment. In such circumstances, this court has “no discretion” to deny the dismissal. Aamot v. Kassel, 1 F.3d 441, 443 (6th Cir. 1993). Accordingly, this matter must be dismissed pursuant to the plaintiff’s notice of voluntary dismissal. The defendants argue that the rule should not apply in this case because there has been some activity. But the rule unambiguously provides for voluntary dismissal where the defendants have not filed an answer or summary judgment motion. The Sixth Circuit has determined that the rule should be taken “at face value” and should be assumed to “mean what it says.” Aamot, 1 F.3d at 444 (quoting Carter v. United States, 547 F.2d 258, 259 (5th Cir.1977)). The rule “sanctions no such case-by-case analysis of the amount of effort expended by the defendants.” Id. Dockets.Justia.com For these reasons, IT IS HEREBY ORDERED that: 1) all pending motions in the case are deemed MOOT. 2) this action is dismissed without prejudice and shall be STRICKEN FROM THE ACTIVE DOCKET. Dated December 9, 2014. 2
]]>
Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You
should read the full case before relying on it for legal research purposes.
This site is protected by reCAPTCHA and the Google
Privacy Policy and
Terms of Service apply.
