ATK Launch Systems, Inc. v. CSX Transportation, Inc et al

Filing 28

ORDER, granting 27 Motion for Voluntary Dismissal, and DISMISSING case without prejudice. Each party shall bear its own costs. Signed by Chief Judge Callie V. S. Granade on 3/9/2009. (mab)

IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF ALABAMA SOUTHERN DIVISION ATK LAUNCH SYSTEMS, INC., Plaintiff, vs. CSX TRANSPORTATION, INC., and MERIDIAN & BIGBEE RAILROAD, L.L.C., Defendants. ) ) ) ) ) CIVIL ACTION NO. 09-0085-CG-B ) ) ) ) ) ) ORDER This matter is before the court on the plaintiff's motion for voluntary dismissal without prejudice (Doc. 27), in which plaintiff advises that complete diversity of jurisdiction does not exist between plaintiff and all defendants. Upon due consideration and pursuant to 41(a)(2) of the Federal Rules of Civil Procedure, the motion is GRANTED. It is ORDERED that the plaintiff's claims against CSX Transportation, Inc., and Meridian & Bigbee Railroad, L.L.C. are hereby DISMISSED WITHOUT PREJUDICE. Each party shall bear its own costs. DONE and ORDERED this 9th day of March, 2009. /s/ Callie V. S. Granade CHIEF UNITED STATES DISTRICT JUDGE