Cunningham v. Honeywell International, Inc.

Filing 89

ORDER DISMISSING PARTIES re: 54 Notice of Dismissal filed by William M. Cunningham, Jr.. Plf's claims against Defendant Aearo Company 1 are DISMISSED without prejudice. Signed by Judge Kristi K. DuBose on 4/5/2011. copies to parties. (sdb)

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Cunningham v. Honeywell International, Inc. Doc. 89 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 Aearo Company I, Inc. f/k/a Cabot Safety Corporation n/k/a Aearo Technologies LLC." (Doc. 54). Plaintiff voluntarily dismisses all of his claims against Defendant Aearo Company 1 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 Aearo Company 1 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 Aearo Company 1 are hereby DISMISSED without prejudice. Both parties shall bear their own costs. 1 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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