Finnegan et al v. Myers et al

Filing 314

OPINION AND ORDER: GRANTING 308 MOTION to Dismiss James Cavanaugh M.D. by Plaintiffs Johnathon Abair, Tabitha Abair, Lynette Finnegan, Roman Finnegan, Katelynn Salyer. Defendant James Cavanaugh is DISMISSED from this case. Signed by Judge Rudy Lozano on 9/8/2015. (lhc)

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IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF INDIANA SOUTH BEND DIVISION ROMAN FINNEGAN, et al., Plaintiffs, vs. LAUREL MYERS, et al., Defendants. ) ) ) ) ) ) ) ) ) NO. 3:08-CV-503 OPINION AND ORDER This matter is before the Court on Plaintiffs’ Motion to Dismiss James Cavanaugh, M.D., filed by Plaintiffs on September 1, 2015. (DE #308.) Afer due consideration, and noting that no objections have been filed by any of the Defendants, the Court, in its discretion, GRANTS Plaintiffs’ motion to dismiss all claims against Defendant James Cavanaugh pursuant to Federal Rule of Civil Procedure 41(a)(2).1 Defendant James Cavanaugh is hereby DISMISSED from this case. DATED: September 8, 2015 /s/ RUDY LOZANO, Judge United States District Court 1 Voluntary dismissal pursuant to Federal Rule of Civil Procedure 41(a)(2) is allowed at the district court’s discretion, which is abused only when a defendant has shown that he will suffer “plain legal prejudice” if dismissal is granted. See Tyco Laboratories, Inc. v. Koppers, Co., 627 F.2d 54, 56 (7th Cir. 1980). Here, there has been no such showing, and the Court finds that dismissal is appropriate. See e.g. Kunz v. DeFelice, 538 F.3d 667, 677-78 (7th Cir. 2008)

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