Cunningham v. Honeywell International, Inc.
ORDER DISMISSING PARTIES re: 170 NOTICE OF DISMISSAL WITHOUT PREJUDICE filed by William M. Cunningham, Jr.. All of the Plf's claims against Defendant Selby, Battersby & Co. d/b/a S.B. Decking, Inc. are DISMISSED without prejudice. Signed by Judge Kristi K. DuBose on 4/14/2011. copies to parties. (sdb)
IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ALABAMA
WILLIAM M. CUNNINGHAM, JR.,
PERSONAL REPRESENTATIVE AND
EXECUTOR OF THE ESTATE OF
REBECCA C. CUNNINGHAM, DECEASED,
HONEYWELL INTERNATIONAL, INC.,
)CIVIL ACTION NO. 1:10-00671-KD-C
This matter is before the Court on the Plaintiff’s “Rule 41(a)(1)(i) Notice of Dismissal
Without Prejudice as to Selby, Battersby & Co. d/b/a SB Decking, Inc.” (Doc. 170). Plaintiff
voluntarily dismisses all of his claims against Defendant Selby, Battersby & Co. d/b/a S.B.
Decking, Inc. 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). An Amended Complaint was filed on April 5,
2011. (Doc. 92). The record reveals that Defendant Selby, Battersby & Co. d/b/a S.B. Decking,
Inc. 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 Selby,
Battersby & Co. d/b/a S.B. Decking, Inc. are hereby DISMISSED without prejudice.
Both parties shall bear their own costs.
Nothing herein shall be construed as dismissing any of the Plaintiff’s claims against the
DONE and ORDERED this the 14th day of April 2011.
/s/ Kristi K. DuBose
KRISTI K. DuBOSE
UNITED STATES DISTRICT JUDGE
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