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Contract: Other | Florida Middle
Strike
MOTION to Strike and/or Exclude Dr. Brinsko's Untimely Disclosed Opinions Regarding the Alleged Breach of The Standard of Care by Peterson & Smith Equine Hospital, LLC, Melissa Prell, William B. Russell. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit, # 5 Exhibit, # 6 Exhibit)(Reynolds, Bryan)
P.I.: Other | Florida Middle
Order to Strike
ENDORSED ORDER: The Court strikes the notice of voluntary dismissal of Plaintiff Albert Shumake's loss of consortium claim under Federal Rule of Civil Procedure 41(a)(1)(A)(i). (Doc. # 29). A plaintiff may only "dismiss an action without a court order by filing: (i) a notice of dismissal before the opposing party serves either an answer or a motion for summary judgment." Fed. R. Civ. P. 41(a)(1)(A)(i). Here, Defendant Sam's East, Inc. has already filed its answer. (Doc. # 1-6). Accordingly, voluntary dismissal under Rule 41(a)(1)(A)(i) is unavailable. If Plaintiffs wish to drop this claim, Plaintiffs should file a motion to amend the complaint under Rule 15, seeking leave to file an amended complaint that does not include the loss of consortium claim. Signed by Judge Virginia M. Hernandez Covington on 5/15/2026. (DMD)
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