Cunningham v. Honeywell International, Inc.

Filing 114

ORDER DISMISSING PARTY Wagner Electric re: Notice 95 filed by William M. Cunningham, Jr.. Signed by District Judge Kristi K. DuBose on 4/6/2011. (cmj)

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Cunningham v. Honeywell International, Inc. Doc. 114 IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF ALABAMA SOUTHERN DIVISION WILLIAM M. CUNNINGHAM, JR., PERSONAL REPRESENTATIVE AND EXECUTOR OF THE ESTATE OF REBECCA C. CUNNINGHAM, DECEASED, Plaintiff, v. HONEYWELL INTERNATIONAL, INC., et al., Defendants. ) ) ) ) ) ) ) CIVIL ACTION NO. 1:10-00671-KD-C ) ) ) ) ORDER This matter is before the Court on the Plaintiff's "Rule 41(a)(1)(i) Notice of Dismissal Without Prejudice as to Wagner Electric a/k/a Wagner Electric Corporation a/k/a Wagner Brake Products" (Doc. 95). Plaintiff voluntarily dismisses all of his claims against Defendant Wagner Electric a/k/a Wagner Brake Products without prejudice. A Rule 41(a)(1)(A)(i) Notice of Dismissal is permissible if filed "before the opposing party serves either an answer or a motion for summary judgment[.]" This action was commenced on December 3, 2010. (Doc. 1). The record reveals that Defendant Wagner Electric a/k/a Wagner Brake Products has not filed an answer or motion for summary judgment in this case. Accordingly, it is ORDERED that all of the Plaintiff's claims against Defendant Wagner Electric a/k/a Wagner Brake Products are hereby DISMISSED without prejudice. Both parties shall bear their own costs. 1 Dockets.Justia.com Nothing herein shall be construed as dismissing any of the Plaintiff's claims against the remaining defendants. DONE and ORDERED this the 6th day of April 2011. /s/ Kristi K. DuBose KRISTI K. DuBOSE UNITED STATES DISTRICT JUDGE 2

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