Zuege v. Knoch et al

Filing 59

ORDER granting 53 Motion to Voluntarily Dismiss defendant Wisconsin Patient Compensation Fund. Signed by Chief Judge Barbara B. Crabb on 2/4/10. (elc),(ps)

IN THE UNITED STATES DISTRICT COURT FO R THE WESTERN DISTRICT OF WISCONSIN ---------------------------------------------M IC H AE L J. ZUEGE, JR., P la i n t i f f , v. D AN IEL KNOCH, ROBERT LAZORIK an d WISCONSIN PATIENT COMPENSATION FUND, D efendan ts. --------------------------------------------Plaintiff is proceeding on Eighth Amendment and state law negligence and medical m alpractice claims against defendants. Now before the court is plaintiff's motion to OR DER 09-cv-451-vis

voluntarily dismiss defendant Wisconsin Patient Compensation Fund from this case without p reju di c e . Under Fed. R. Civ. P. 41(2), the court can dismiss a claim against a defendant u po n the plaintiff's request, "on terms that the court considers proper." Defendant Fund has responded that it has no objection to allowing plaintiff to dismiss his complaint against it. Furthermore, although defendant Fund has filed an answer to the complaint it has not h ad to engage in any discovery or briefing. Therefore, I will grant plaintiff's motion and dism iss the claims against defendant Wisconsin Patient Compensation Fund without prejudice.

OR DER IT IS ORDERED that plaintiff's motion to voluntarily dismiss defendant Wisconsin P at i en t Compensation Fund, dkt. #53, is GRANTED. Defendant Wisconsin Patient

C om pen sation Fund is DISMISSED from this case, without prejudice. E n tered this 4t h day of February, 2010. B Y THE COURT: /s/ _ _ _ __ _ _ __ _ _ __ _ _ __ _ _ __ _ _ __ _ _ __ _ _ __ _ B AR B AR A B. CRABB D istrict Judge

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