Borisanov v. Vanderbol et alMOTION to dismiss caseW.D. Mo.December 12, 2016IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF MISSOURI ____________________________________ : ARTEM BORISANOV : : PLAINTIFF, : : v. : Civil Action No. 3:16-cv-05003-BP : JOHN STEVEN VANDERBOL, III, : SCOTT WALKER, : DAVID ODELL BOYER, JR. : : DEFENDANTS : ____________________________________: PLAINTIFF’S MOTION FOR LEAVE TO DISMISS COMPLAINT WITHOUT PREJUDICE COMES NOW, Plaintiff Artem Borisanov (“Plaintiff”), and for his Motion for Leave to Dismiss Complaint Without Prejudice, pursuant to Fed. R. Civ. P. 41(a)(2), states as follows: 1. On January 7, 2016, Plaintiff filed his Complaint. ECF 1. 2. On February 11, 2016 Defendant Vanderbol filed an Answer to the Complaint. ECF 22. 3. On February 16, 2016 Defendant Boyer filed an Answer to the Complaint. ECF 27. 4. On May 11 2016 Defendant Walker filed an Answer to the Complaint. ECF 58. 5. Defendants have not filed a counterclaim in this action. 6. Plaintiff has engaged in a limited amount of discovery to date, including issuing subpoenas and receiving information from a number of banks which had information relating to some of the transactions involved in this matter. Case 3:16-cv-05003-BP Document 94 Filed 12/12/16 Page 1 of 3 2 7. Upon the information obtained through discovery, Plaintiff believes that any judgment obtained in this matter would not be able to be collected or recovered from the Defendants. 8. Pursuant to Fed. R. Civ. P. 41(a)(2), Plaintiff voluntarily requests leave to dismiss his Complaint his this matter, without prejudice. 9. Such dismissal would not result in Defendants suffering any legal prejudice, nor would they lose any substantial right by the voluntary dismissal without prejudice. 10. In support of his Motion, Plaintiff files herewith his Suggestions in Support of Motion for Leave to Dismiss Complaint Without Prejudice. WHEREFORE, for good cause shown, Plaintiff respectfully requests that this Court dismiss his Complaint in his matter, without prejudice, pursuant to Fed. R. Civ. P. 41(a)(2). In addition, Plaintiff requests any such other and further relief this Court deems just and proper. Date: December 12, 2016 GERMAN MAY PC By: /s/ Paul M. Flucke Charles W. German, Esq. MO #26534 Paul M. Flucke, Esq. MO #64849 1201 Walnut, Suite 2000 Kansas City, MO 64106 Tel: (816) 471-7700 Fax: (816) 471-2221 Email: CharleyG@germanmay.com Email: Paulf@germanmay.com Bruce S. Marks, Esq. Pro Hac Vice Thomas Sullivan, Esq. Pro Hac Vice MARKS & SOKOLOV, LLC 1835 Market Street, 17th Floor Philadelphia, PA 19103 Tel: (215) 569-8901 Fax: (215) 569-8912 Email: marks@mslegal.com ATTORNEYS FOR PLAINTIFF Case 3:16-cv-05003-BP Document 94 Filed 12/12/16 Page 2 of 3 3 CERTIFICATE OF SERVICE I hereby certify that on December 12, 2016, I electronically filed the foregoing document with the Clerk of the Court using the CM/ECF system, which will send a notice of electronic filing to counsel of record for this case. I hereby further certify this will be delivered by certified mail to Defendants. /s/ Paul M. Flucke Attorney for Plaintiff Case 3:16-cv-05003-BP Document 94 Filed 12/12/16 Page 3 of 3
