Opinion
CASE NO. 1:06CV804.
May 16, 2007
ORDER
This matter is before the Court on Plaintiff Kellstone, Inc.'s Motion for Federal Rule of Civil Procedure 41(a)(2) Voluntary Dismissal Without Prejudice (ECF #22). Defendant's counsel informed the Court, via telephone, that Defendants do not oppose the Motion. Therefore, Plaintiffs' Motion is GRANTED and the captioned case is DISMISSED WITHOUT PREJUDICE, with the condition that, if Plaintiff Kellstone, Inc. re-files, it must pay the reasonable attorney fees and costs of any duplication of legal services by Defendants, up to the date of the dismissal.
IT IS SO ORDERED.