November 29, 2010
ROBERT GARRISON, PLAINTIFF,
NATIONAL MANAGEMENT RECOVERY CORPORATION, DEFENDANT.
The opinion of the court was delivered by: J. Phil Gilbert District Judge
MEMORANDUM AND ORDER
This matter comes before the Court on Plaintiff Robert Garrison's Notice of Voluntary Dismissal (Doc. 14), which seeks to dismiss all claims against Defendant National Management Recovery Corporation ("National Management") with prejudice in light of recent settlement.
Acting under the Court's direction, the Clerk of Court entered Judgment (Doc. 13) in this case on October 4, 2010, in favor of Garrison and against National Management. Therefore, in order for Garrison to achieve the relief now sought, he asks the Court to vacate said judgment. As such, the Court partially construes the instant notice as a motion for relief from judgment under Federal Rule of Civil Procedure 60(b). Fed. R. Civ. P. 60(b)(5)-(6) (On motion and just terms, the court may relieve a party . . . from a final judgment . . . for the following reasons: . . . the judgment has been satisfied, released, or discharged . . . or any other reason that justifies relief.") (emphasis added). And, being fully advised of the premises, the Court grants Garrison's motion for relief and VACATES the judgment entered in this case.
Turning to Garrison's notice of voluntary dismissal, the Court notes that a plaintiff has an absolute right to dismiss an action against an adverse party at any time before said party serves either an answer or a motion for summary judgment, whichever first occurs. Fed. R. Civ. P. 41(a)(1)(A)(i). Here, National Management has yet to file either an answer or a motion for summary judgment. Accordingly, the Court acknowledges that this matter is at an end. Further, the Court DIRECTS the Clerk of Court to close the case file.
IT IS SO ORDERED.
s/ J. Phil Gilbert
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