Civil Action No. 5:10-cv-437-JMH.
January 14, 2011
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;
(3) that the Clerk shall STRIKE THIS MATTER FROM THE ACTIVE DOCKET.
This is the 14th day of January, 2011.