Opinion
Master File No. 1:00-1898, MDL No. 1358 (SAS), M21-88.
February 18, 2010
Robin Greenwald, WEITZ LUXENBERG, P.C., New York, New York.
Cary McDougal, BARON BUDD, P.C., Dallas, Texas, Counsel for Plaintiff .
[PROPOSED] ORDER GRANTING MOTION FOR VOLUNTARY DISMISSAL WITHOUT PREJUDICE PURSUANT TO FRCP 41(a)(2)
The Court, having considered Plaintiff Emerald Coast Utilities Authority (f/k/a) Escambia County Utilities Authority and Defendant Central Florida Pipeline Corporation's Joint Motion for Voluntary Dismissal Without Prejudice pursuant to Rule 41(a)(2) of the Federal Rules of Civil Procedure, it hereby grants the motion and dismisses without prejudice Plaintiff's action as to Defendant Central Florida Pipeline Corporation, with each party to bear its own costs.
PLAINTIFF AND DEFENDANT CENTRAL FLORIDA PIPELINE CORPORATION'S JOINT MOTION FOR VOLUNTARY DISMISSAL WITHOUT PREJUDICE PURSUANT TO FRCP 41(a)(2)
Plaintiff Emerald Coast Utilities Authority (f/k/a) Escambia County Utilities Authority ("Plaintiff") owns and operates a public drinking water system(s) that supplies water to residential and business users within its service areas. Plaintiff alleges that its water supplies are impacted and/or threatened by MTBE contamination. Because this matter is not a "focus case", minimal discovery or other work has been conducted in this matter.
Pursuant to Rule 41(a)(2) of the Federal Rules of Civil Procedure, Plaintiff and Defendant Central Florida Pipeline Corporation now jointly move for dismissal without prejudice. Plaintiff has decided not to pursue its MTBE claims against Central Florida Pipeline Corporation at this time. Plaintiff and Central Florida Pipeline Corporation have agreed that Plaintiff may refile MTBE claims against Central Florida Pipeline Corporation in the event that Plaintiff, upon receipt of further information, determines the MTBE claims against Central Florida Pipeline Corporation are meritorious. Plaintiff and Central Florida Pipeline Corporation ask the court to dismiss Plaintiff's MTBE claims against Central Florida Pipeline Corporation without prejudice, with each party to bear its own costs. Plaintiff and Central Florida Pipeline Corporation agree that this request is reasonable and prejudices neither Plaintiff nor Central Florida Pipeline Corporation.