68th Street Site Work Group v. Airgas, Inc. et al

Filing 835

MEMORANDUM AND ORDER granting Plaintiff's #810 Motion to Dismiss without prejudice Defendant NL Industries, Inc. Signed by Judge Stephanie A. Gallagher on 11/18/2021. (dass, Deputy Clerk)

UNITED STATES DISTRICT COURT
DISTRICT OF MARYLAND
CHAMBERS OF
STEPHANIE A. GALLAGHER
UNITED STATES DISTRICT JUDGE

101 WEST LOMBARD STREET
BALTIMORE, MARYLAND 21201
[phone]
Fax [phone]
[e-mail]

November 18, 2021
LETTER ORDER
Re: 68th Street Site Work Group v. 7-Eleven, et al.
Civil Case No. SAG-20-3385
Dear Counsel:
This Court has reviewed Plaintiffs’ motion to dismiss defendant NL Industries, Inc. (“NL”)
without prejudice, ECF 810, NL’s Opposition, ECF 823, and Plaintiffs’ reply, ECF 834. No
hearing is necessary. See Loc. R. 105.6 (D. Md. 2021). For the reasons stated below, the motion
will be granted.
NL does not object to being dismissed as a defendant. However, it contends that dismissal
should be with prejudice and that Plaintiffs should be required to reimburse NL’s attorneys’ fees
and costs in this litigation. The basis for that claim stems from a clerical error in the Plaintiffs’
motion, stating that NL was the successor to National Cash Register, rather than National Lead
Company (NL’s actual predecessor as alleged in Plaintiffs’ Complaint). This Court does not
believe the record to date conclusively establishes that Plaintiffs lacked a good faith basis to file
their original claims against NL. Plaintiffs’ claims were dismissed as insufficient at an early stage
of the litigation, following adjudication of a routine motion to dismiss. Nothing about this case
distinguishes it from a plethora of other cases in terms of its procedural disposition, and the general
rule requires each party to bear its own litigation expenses. Certainly, the record is bereft of any
substantial prejudice to NL that might warrant dismissal with prejudice in this matter. See Andes
v. Versant Corp., 788 F.2d 1033, 1036 (4th Cir. 1986) (“A plaintiff’s motion under Rule 41(a)(2)
for dismissal without prejudice should not be denied absent substantial prejudice to the
defendant.”).
Of course, should Plaintiffs seek to refile claims against NL without a good faith basis for
doing so, this Court would assess whether some form of sanctions would be warranted. That
inquiry is premature, as Plaintiffs do not currently seek to sue NL and may never do so.
Accordingly, Plaintiffs’ Motion to Dismiss without prejudice, ECF 810, is GRANTED.
Despite the informal nature of this letter, it is an Order of the Court and will be docketed as such.
Sincerely yours,
/s/
Stephanie A. Gallagher
United States District Judge