Opinion
CIVIL ACTION NO. 1:10-00671-KD-C.
April 6, 2011
ORDER
This matter is before the Court on the Plaintiff's "Rule 41(a)(1)(i) Notice of Dismissal Without Prejudice as to Wagner Electric a/k/a Wagner Electric Corporation a/k/a Wagner Brake Products" (Doc. 95). Plaintiff voluntarily dismisses all of his claims against Defendant Wagner Electric a/k/a Wagner Brake Products without prejudice.
A Rule 41(a)(1)(A)(i) Notice of Dismissal is permissible if filed "before the opposing party serves either an answer or a motion for summary judgment[.]" This action was commenced on December 3, 2010. (Doc. 1). The record reveals that Defendant Wagner Electric a/k/a Wagner Brake Products has not filed an answer or motion for summary judgment in this case.
Accordingly, it is ORDERED that all of the Plaintiff's claims against Defendant Wagner Electric a/k/a Wagner Brake Products are hereby DISMISSED without prejudice.
Both parties shall bear their own costs.
Nothing herein shall be construed as dismissing any of the Plaintiff's claims against the remaining defendants.
DONE and ORDERED.