Braaksma v. Union Pacific Railroad Company
ORDER granting without prejudice on a condition 31 Plaintiffs' Motion to Voluntarily Dismiss. Because the case has proceeded so far, the dismissal is conditioned upon Plaintiffs paying Defendant (w/i 30 days of any refiling) any Rule of Civil Procedure 54(d) costs & attorney's fees incurred in this case that will be sunk & lost by the nonsuit. Most of Defendant's costs & attorney's fees, of course, will not be lost - the answer, the mutual discovery & the motion papers ca n all be recycled if Plaintiffs refile. The parties should confer & try to stipulate to Defendant's lost costs & attorney's fees. If they cannot agree by 9/30/10, then Defendant should certify & file a list of what it believes to be its reasonable lost costs & fees. Plaintiffs should respond as soon as possible. The court will enter a further Order after considering the details. Signed by Judge D. P. Marshall Jr. on 9/13/2010. (jct)
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