Advanced Care Centerv.U.S.

United States District Court, E.D. Kentucky, Central Division at LexingtonJan 14, 2011
Civil Action No. 5:10-cv-437-JMH (E.D. Ky. Jan. 14, 2011)

Civil Action No. 5:10-cv-437-JMH.

January 14, 2011


MEMORANDUM OPINION ORDER


JOSEPH HOOD, District Judge

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.