Steele v. TN Ranch, LLC et al

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF TENNESSEE
MARK STEELE, 	)
)
Plaintiff, 	)
)
v. 	) 	No.: 	3:25-CV-405-TAV-JEM
)
TN RANCH, LLC, et al., 	)
)
Defendants. 	)
MEMORANDUM OPINION
This civil action is before the Court on plaintiff’s Motion to Dismiss without
Prejudice [Doc. 53], pursuant to Federal Rule of Civil Procedure 41(a)(2). In support of
his motion, plaintiff submits that (1) no counterclaims are pending; (2) this case is still in
its early stages; and (3) no party will be prejudiced by dismissal [Id. at 1]. Defendants have
not responded to plaintiff’s motion, and the time for doing so has passed. See E.D. Tenn.
L.R. 7.1(a); see also E.D. Tenn. L.R. 7.2 (“Failure to respond to a motion may be deemed
a waiver of any opposition to the relief sought.”).
Federal Rule of Civil Procedure 41(a)(2) provides that, except for the circumstances
in Rule 41(a)(1), which do not apply here, “an action may be dismissed at the plaintiff’s
request only by court order, on terms that the court considers proper.” 	Fed. R. Civ.
P. 41(a)(2). The rule further states that “[i]f a defendant has pleaded a counterclaim before
being served with the plaintiff’s motion to dismiss, the action may be dismissed over the
defendant’s objection only if the counterclaim can remain pending for independent
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adjudication.” 	Id. 	Here, as noted by plaintiff, there are no counterclaims pending that
would preclude dismissal under Rule 41(a)(2).
Having carefully considered the matter, the Court finds that good cause supports
plaintiff’s motion. Accordingly, the Court hereby GRANTS plaintiff’s Motion to Dismiss
without Prejudice [Doc. 53]. An appropriate order shall enter.
IT IS SO ORDERED.
s/ Thomas A. Varlan
UNITED STATES DISTRICT JUDGE
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