Hall et al v. Bayer Corporation et al

Filing 3

ORDER DISMISSING CASE without Prejudice. Signed by Honorable Henry F Floyd on 1/15/2010. (alew, )

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF SOUTH CAROLINA SPARTANBURG DIVISION STEPHEN HALL and ALLAN INNIS, on behalf of themselves and all others similarly situated, Plaintiffs, v. BAYER CORPORATION AND BAYER HEALTHCARE LLC, Defendants. CIVIL ACTION No. 7:09-3136-HFF

ORDER OF DISMISSAL WITHOUT PREJUDICE This matter came before me on the motion of counsel for Plaintiffs, Stephen Hall and Allan Innis, to dismiss Civil Action Number 7:09-3136-HFF (the "Hall Complaint"), without prejudice, pursuant to Rule 41(a) of the Federal Rules of Civil Procedure. On December 2, 2009, counsel for Plaintiffs Hall and Innis filed the Hall Complaint through ECF. Plaintiffs were informed by the Clerk of Court's office that the Hall Complaint was filed in the wrong venue and that a civil action number could not be assigned to the Hall Complaint. Plaintiffs subsequently requested withdrawal of the Hall Complaint upon the

information and belief that a civil action number had yet to be assigned to the Hall Complaint. On January 13, 2010, counsel filed a Complaint captioned Christopher Spelman and Allan Innis, on behalf of themselves and all others similarly situated, v. Bayer Corporation and Bayer Healthcare LLC with Civil Action Number 7:10-91-HFF (the "Spelman Complaint"). The Spelman Complaint is the same action as that filed through the Hall Complaint, but Civil Action Number 7:10-91-HFF contains a different named plaintiff. Counsel wishes to pursue the

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plaintiffs' causes of action through the subsequently filed and currently active Spelman Complaint with Civil Action Number 7:10-91-HFF. On January 14, 2010, the Clerk of Court's office informed counsel for plaintiffs that Civil Action Number 7:09-3136-HFF had in fact been assigned to the December 2, 2009 filing of the Hall Complaint. Defendants were never served with the Hall Complaint, and no responsive pleadings have been filed by Defendants in Civil Action Number 7:09-3136-HFF. Dismissal, without prejudice, is therefore proper under Rule 41(a) of the Federal Rules of Civil Procedure.

IT IS HEREBY ORDERED this 15th day of January that Civil Action Number 7:093136-HFF is DISMISSED WITHOUT PREJUDICE. IT IS SO ORDERED.

s/Henry F. Floyd Honorable Henry F. Floyd January 15, 2010 Spartanburg, South Carolina

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