`
`IN THE UNITED STATES DISTRICT COURT
`FOR THE WESTERN DISTRICT OF TENNESSEE
`WESTERN DIVISION
`
`
`
`
`
` Case No. 2:12-cv-2767-JPM-tmp
`
`
`
`
`
`
`
` )
`
`
`)
`)
`)
`)
`)
`)
`)
`)
`
`
`
`B.E. TECHONOLOGY, LLC.,
`
`Plaintiff,
`
`
`v.
`
`AMAZON DIGITAL SERVICES, INC.,
`
`
`Defendant.
`
`
`
`
`
`ORDER OF DISMISSAL
`
`
`
`
`
`Before the Court is Defendant’s Response to a letter from Martin David Hoyle,
`
`President/CEO of B.E. Technology, LLC filed October 11, 2018. (ECF No. 96.) Defendant
`
`asks the Court to dismiss all claims in the case under Fed. R. Civ. P. 41(b). Plaintiff has been
`
`without counsel since August 30, 2018 when the Court granted two Motions to Withdraw as
`
`Attorneys. (ECF No. 92.) In that order, Plaintiff had 28 days to obtain new counsel. (Id.)
`
`Defendant was allowed to move for dismissal under Fed R. Civ. P. 41(b) if, after 28 days,
`
`Plaintiff did not obtain new counsel. (Id.) Mr. Hoyle’s letter asks the Court to dismiss the case
`
`without prejudice. (ECF No. 95.) A dismissal under Rule 41(b) operates as an adjudication on
`
`the merits. (Fed. R. Civ. P. 41(b).) This case is, therefore, DISMISSED WITH PREJUDICE.
`
`IT IS SO ORDERED, this 15th day of October, 2018.
`
`
`
`/s/ Jon P. McCalla
` JON P. McCALLA
` UNITED STATES DISTRICT JUDGE
`
`