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Stanislaw Bialas v. Alliance Hospitality Management

February 20, 2013

STANISLAW BIALAS, PLAINTIFF,
v.
ALLIANCE HOSPITALITY MANAGEMENT, LLC, DEFENDANT.



The opinion of the court was delivered by: J. Phil Gilbert District Judge

MEMORANDUM AND ORDER

This matter comes before the Court on the motion of plaintiff Stanislaw Bialas to dismiss this case without prejudice pursuant to Rule 41(a)(2) (Doc. 29). Rule 41(a)(2) provides that only the Court may dismiss an action after an adverse party has filed an answer or motion for summary judgment and in the absence of a stipulation of dismissal of an entire case signed by all the parties. The defendant has not responded to the motion. In these circumstances, the Court believes dismissal is appropriate and, accordingly, GRANTS the motion to dismiss (Doc. 29), DISMISSES this case without prejudice, and DIRECTS the Clerk of Court to close this case.

IT IS SO ORDERED.

J. Phil Gilbert

20130220

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