Cunningham v. Honeywell International, Inc.

Filing 83

ORDER DISMISSING PARTY Eastern Safety Equipment Co. a/k/a Aearo Company n/k/a Aearo Technologies LLC without prejudice re: Notice 55 filed by William M. Cunningham, Jr.. Signed by Judge Kristi K. DuBose on 4/5/2011. (cmj)

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Cunningham v. Honeywell International, Inc. Doc. 83 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 Eastern Safety Equipment Co. a/k/a Aearo Company n/k/a Aearo Technologies LLC." (Doc. 55). Plaintiff voluntarily dismisses all of his claims against Defendant Eastern Safety Equipment Co., Aearo Corporation 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 Eastern Safety Equipment Co., Aearo Corporation 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 Eastern Safety Equipment Co., Aearo Corporation are hereby DISMISSED without 1 Dockets.Justia.com prejudice. Both parties shall bear their own costs. Nothing herein shall be construed as dismissing any of the Plaintiff's claims against the remaining defendants. DONE and ORDERED this the 5th day of April 2011. /s/ Kristi K. DuBose KRISTI K. DuBOSE UNITED STATES DISTRICT JUDGE 2

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