Summary
The United States District Court for the Eastern District of Wisconsin grants Plaintiff Alaya Coleman's motion to dismiss under Federal Rule of Civil Procedure 41(a)(2). The action is dismissed without prejudice because the defendants would not suffer plain legal prejudice, and several other pending motions are denied or matters are declined as moot.
Holdings
- The court may grant a plaintiff's Rule 41(a)(2) motion for dismissal without prejudice when the defendants will not suffer plain legal prejudice, and the court granted the motion here.
- The court denied several pending motions as moot and declined to authorize contemplated Rule 12 motions because dismissal of the action rendered those matters moot.
Questions Presented
- Whether the court should grant plaintiff's motion for voluntary dismissal without prejudice under Federal Rule of Civil Procedure 41(a)(2).
- Whether the defendants would suffer plain legal prejudice from dismissal without prejudice.
- Whether the remaining motions and requests should be denied, declined, or otherwise treated as moot following dismissal.
Disposition
dismissed
Cases Cited (2)
- Kovalic v. DEC Int'l, Inc., 855 F.2d 471, 473 (7th Cir. 1988)(followed)
- Pace v. S. Express Co., 409 F.2d 331, 334 (7th Cir. 1969)(followed)
Cited In (0)
No citing cases on record yet.
Court Document
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