Shenoy v. Charlotte-Mecklenburg Hospital Authority et al

Filing 194

ORDER granting 144 Motion to Dismiss Voluntarily Count I against Carolinas Pathology Group, P.A. Signed by Senior Judge Graham Mullen on 3/14/2012. (tmg)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF NORTH CAROLINA
CHARLOTTE DIVISION
3:08CV125-GCM

B. VITTAL SHENOY, M.D.,

)
)
Plaintiff,
)
)
vs.
)
)
CHARLOTTE-MECKLENBURG HOSPITAL
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AUTHORITY, d/b/a/ CAROLINAS
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HEALTHCARE SYSTEM, et al.,
)
)
Defendants.
)
__________________________________________)

ORDER

This matter is before the court upon Plaintiff’s Motion for Voluntary Dismissal Without
Prejudice (D.E. 144). Plaintiff seeks leave of court pursuant to Rule 41(a)(2) to dismiss Count I
(First Amendment claim) as to Defendant Carolinas Pathology Group, P.A. (“CPG”). CPA does
not object, but seeks to preserve its right to pursue attorneys’ fees at the appropriate time. The
court finds no unfair prejudice to CPG in dismissing this claim. Accordingly,
IT IS THEREFORE ORDERED that Plaintiff’s Motion for Voluntary Dismissal without
Prejudice as to Count I against CPG is hereby GRANTED, but that Defendant CPG shall retain
the right to seek attorneys’ fees if and when appropriate.

Signed: March 14, 2012