Almer v. Peanut Corporation of America

Filing 897

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Almer v. Peanut Corporation of America Doc. 897 UNITED STATES DISTRICT COURT DISTRICT OF MINNESOTA ______________________________________ IN RE: GUIDANT CORP. IMPLANTABLE DEFIBRILLATORS PRODUCTS LIABILITY LITIGATION ______________________________________ This Pleading Relates Only To: Nathan Smith v. Guidant Corp., et al. Case No. 06-02160 ______________________________________________________________________________ NOTICE OF VOLUNTARY DISMISSAL WITHOUT PREJUDICE ______________________________________________________________________________ Pursuant to Rule 41(a)(1) of the Federal Rules of Civil Procedure, Plaintiff Nathan Smith hereby presents notice of the following: 1. 2. Plaintiff Nathan Smith filed this action on March 1, 2006. Rule 41(a((1) of the Federal Rules of Civil Procedure provides that a Plaintiff MDL. No. 05 -1708(DWF/AJB) may voluntarily dismiss his complaint without order of the court provided that he files a notice of dismissal prior to the defendant filing an answer or motion for summary judgment. Defendant Guidant Corporation has not filed an answer or a motion for summary judgment in this case. 3. Rule 41(a)(1) also provides that all such dismissals are without prejudice unless the Plaintiff has once dismissed in any court of the United States or of any state an action based on or including the same claim. Plaintiff Nathan Smith has never before dismissed in any court an action based on or including the claim at issue in this matter. 4. Pursuant to Rule 41(a)(1), Plaintiff Nathan Smith hereby voluntarily dismisses his claims against Guidant, without prejudice. Date: November 15, 2006 Respectfully submitted, WEISMAN, KENNEDY & BERRIS CO., L.P.A. /s/ Daniel P. Goetz R. ERIC KENNEDY ESQ. (0006174) DANIEL P. GOETZ, ESQ. (0065549) DAVID C. LANDEVER, ESQ. (0065377) 1600 Midland Building 101 Prospect Avenue West Cleveland, OH 44115 Tx: 216/781-1111 Fx: 216/781-6747 Attorneys for Plaintiff CERTIFICATE OF SERVICE I hereby certify that on November 15, 2006 the foregoing Notice Of Voluntary Dismissal Without Prejudice was electronically filed. Notice of this filing will be sent to all parties by operation of the Court's electronic filing system. /s/ Daniel P. Goetz DANIEL P. GOETZ, ESQ. (0065549) Attorney for Plaintiff

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