1:05-ap-10084•Zollanvari, LLC v. Austin
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UNITED STATES BANKRUPTCY COURT FOR THE DISTRICT OF COLUMBIA In re ROBERTA AUSTIN, Debtor. ____________________________ ZOLLANVARI, LLC, Plaintiff, v. ROBERTA AUSTIN, Defendant. ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) Case No. 05-02029 (Chapter 7) Adversary Proceeding No. 05-10084 DECISION RE STIPULATION OF DISMISSAL The plaintiff has filed a Stipulation of Dismissal signed only by its counsel but agreeing to a dismissal with prejudice. Because the defendant has filed an answer, there is no right unilaterally to dismiss this adversary proceeding. The court will treat the Stipulation of Dismissal as instead a motion to dismiss with prejudice. There is, however, no reason to await a response to the motion. The defendant has asserted no counterclaim against the plaintiff, and, accordingly, the The decision below is hereby signed. Dated: October 23, 2006. _____________________________ S. Martin Teel, Jr. United States Bankruptcy Judge Case 05-10084 Doc 24 Filed 10/24/06 Entered 10/24/06 08:36:00 Desc Main Document Page 1 of 2
2 O:\Judge Temp Docs\Zollanvari LLC vs Austin (In re Austin) Decsn re Stip of Dsmsl.wpd defendant's only concern is with the plaintiff's claims. Because the plaintiff has agreed to dismiss those with prejudice, there appears to be no harm that can befall the defendant if the court grants the motion. (If there is some such harm, the defendant can move to vacate any order granting dismissal based on the assumption that there is no such harm.) An order follows dismissing the proceeding with prejudice. [Signed above.] Copies to: All counsel of record. Case 05-10084 Doc 24 Filed 10/24/06 Entered 10/24/06 08:36:00 Desc Main Document Page 2 of 2
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