Zollanvari, LLC v. Austin

UNITED STATES BANKRUPTCY COURT
FOR THE DISTRICT OF COLUMBIA
In re
ROBERTA AUSTIN,
Debtor.
____________________________
ZOLLANVARI, LLC,
Plaintiff,
v.
ROBERTA AUSTIN,
Defendant.
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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
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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
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