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William M. Cunningham, Jr., Personal Representative and Executor v. Honeywell International

IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF ALABAMA SOUTHERN DIVISION


April 5, 2011

WILLIAM M. CUNNINGHAM, JR., PERSONAL REPRESENTATIVE AND EXECUTOR OF THE ESTATE OF REBECCA C. CUNNINGHAM, DECEASED, PLAINTIFF,
v.
HONEYWELL INTERNATIONAL, INC., ET AL., DEFENDANTS.

The opinion of the court was delivered by: Kristi K. DuBOSE United States District Judge

ORDER

This matter is before the Court on the Plaintiff's "Rule 41(a)(1)(i) Notice of Dismissal Without Prejudice as to Marine Specialty Company, Inc. n/k/a Marspec Technical Products, Inc." (Doc. 45). Plaintiff voluntarily dismisses all of his claims against Defendant Marine Specialty Company, Inc. 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 Marine Specialty Company, Inc. 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 Marine Specialty Company, Inc. 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.

Kristi K. DuBose

20110405

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