ILG File #: 12087 

Claim #: KY19K2067494 

Case #: 4:19cv513-MW/CAS

IN THE UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF FLORIDA

TALLAHASSEE DIVISION

Case No. 4:19cv513-MW/CAS

SALTWATER SOL HOSPITALITY,

LLC D/B/A BUCCANEER INN,

Plaintiff,

vs.

WESTCHESTER SURPLUS 

LINES INSURANCE COMPANY, 

Defendant.

/

PLAINTIFF’S MOTION FOR VOLUNTARY DISMISSAL WITHOUT PREJUDICE

Plaintiff, Saltwater SOL Hospitality, LLC d/b/a Buccaneer Inn, by and through 

undersigned counsel, files this Motion for Voluntary Dismissal pursuant to Fed. Rules Civ. Proc. 

41(a)(2) and states:

This Motion is based the attached Memorandum in Support of Plaintiff’s Motion for 

Voluntary Dismissal Without Prejudice.

LOCAL RULE 7.1(B) CERTIFICATE

I HEREBY CERTIFY that Plaintiff made a good faith effort to resolve this issue with 

Defendant.

WHEREFORE, Plaintiff, Saltwater SOL Hospitality, LLC d/b/a Buccaneer Inn, requests 

that this Court enter an order granting voluntary dismissal without prejudice, and provide such 

other relief as is meet and proper.

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ILG File #: 12087 

Claim #: KY19K2067494 

Case #: 4:19cv513-MW/CAS

Respectfully submitted,

 INSURANCE LITIGATION GROUP, P.A.

Attorney for Plaintiff

1500 NE 162nd Street

Miami, Florida 33162

Telephone: (786) 529-0090

Facsimile: (866) 239-9520 

E-Mail: service@ILGPA.com

By: /s/ Christopher Aguirre,.

CHRISTOPHER AGUIRRE, ESQ

FL Bar No. 71370

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ILG File #: 12087 

Claim #: KY19K2067494 

Case #: 4:19cv513-MW/CAS

MEMORANDUM IN SUPPORT OF PLAINTIFF’S MOTION FOR VOLUNTARY 

DISMISSAL

Plaintiff seeks from this Court voluntary dismissal of the pending action under Fed. Rules 

Civ. Proc. 41(a)(2). Before the adverse party has served an answer or moved for summary 

judgment, a plaintiff may, at any time, dismiss an action without an order of the court. Fed. R. Civ. 

P. 41(a)(1). If the adverse party has served an answer, a plaintiff may dismiss an action only upon 

order of the court under such terms and conditions as the court deems appropriate. Fed. R. Civ. P. 

41(a)(2). Dismissal under Rule 41(a)(1) or Rule 41(a)(2) is without prejudice, unless stated 

otherwise.

A court’s determination of a motion for voluntary dismissal under Rule 41(a)(2) is 

discretionary and should generally be granted unless dismissal “will inflict clear legal prejudice 

on a defendant.” Pontenberg v. Boston Scientific Corp., 252 F.3d 1253, 1255 (11th Cir. 2001); 

Mediavation, Inc. v. Rodgers, No. 6:08-cv-1903-Orl-19KRS, 2009 U.S. Dist. LEXIS 76623 (M.D. 

Fla. Aug. 27, 2009); Conafay v. Wyeth Laboratories, Div. of American Home Products Corp., 841 

F.2d 417, 419 (D.C. Cir. 1988). While discretion in determining a voluntary dismissal is broad,

the court must "weigh the relevant equities and do justice between the parties in each case, 

imposing such costs and attaching such conditions to the dismissal as are deemed appropriate."

Pontenberg at 1256 (citing McCants, 781 F.2d at 857)); Mediavation, Inc. at [*4]. Considerations 

generally relevant to this inquiry include the duration of the lawsuit, the number of motions filed, 

the pendency of any motions, the extent of discovery undertaken, whether any extensions of time 

were granted, and the plaintiff's purpose for moving for voluntary dismissal. Mediavation, Inc. at 

[*4]. 

Here, there is no basis for a finding of prejudice that would prevent the voluntary dismissal 

of this action. Although all Defendant has filed an answer, no substantive motions have been filed.

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ILG File #: 12087 

Claim #: KY19K2067494 

Case #: 4:19cv513-MW/CAS

There being no substantive papers filed in this action, there being no clear legal prejudice to the 

parties by this action being dismiss, Plaintiffs should be permitted to dismiss the action.

Wherefore, for the above reasons, Plaintiffs respectfully request that this Motion for 

Voluntary Dismissal be granted.

LOCAL RULE 7.1(F) CERTIFICATE

I HEREBY CERTIFY that the instant motion and memorandum including the signatures 

and certificates contains 780 words.

CERTIFICATE OF SERVICE

I HEREBY CERTIFY that the foregoing document is being served on May 18, 2020, via 

an automatic email generated by the Florida Courts E-Filing Portal to: MICHELLE A. 

SHERMAN, Esq., MOZLEY, FINLAYSON & LOGGINS LLP, P.A. (ryoung@mfllaw.com, 

wtaylor@mfllaw.com, msherman@mfllaw.com).

Respectfully submitted,

 INSURANCE LITIGATION GROUP, P.A.

Attorney for Plaintiff

1500 NE 162nd Street

Miami, Florida 33162

Telephone: (786) 529-0090

Facsimile: (866) 239-9520 

E-Mail: service@ILGPA.com

By: /s/ Christopher Aguirre,.

CHRISTOPHER AGUIRRE, ESQ

FL Bar No. 71370

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