Semprini v. Naour

Full title: MICHAEL SEMPRINI, Plaintiff, v. DAVID H. NAOUR, Defendant. MICHAEL…

Court: United States District Court, C.D. Illinois

Date published: May 9, 2006

Case Nos. 04-1066, 04-1195 (C.D. Ill. May. 9, 2006)

Opinion

Case Nos. 04-1066, 04-1195.

May 9, 2006

ORDER

MICHAEL MIHM, District Judge

This matter is now before the Court on Plaintiff's Motions to Voluntarily Dismiss Without Prejudice as to Defendant OSF Healthcare System Pursuant to Rule 41 of Federal Rules of Civil Procedure and for Leave to File Second Amended Complaint Pursuant to Rule 15 of the Federal Rules of Civil Procedure. After a careful review of all of the relevant pleadings on file related to this issue, the Court finds that it is not appropriate to grant

Plaintiff's request to voluntarily dismiss OSF Healthcare System without prejudice. The Court's finding is based on precedent in this circuit establishing that the Illinois one-refiling rule applies in diversity cases and effectively trumps any application of Rule 41 to obtain a second refiling regardless of the reason for the second dismissal, as set forth in Evans ex rel Evans v. Lederle Laboratories, 167 F.3d 1106, 1112-13 (7^th Cir. 1999). Accordingly, the Court must deny Plaintiff's Motion to Voluntarily Dismiss OSF Healthcare System without prejudice. Plaintiff remains free to proceed against OSF Healthcare System as a Defendant or move to dismiss it with prejudice, as he so chooses.

CONCLUSION

For the reasons set forth above, Plaintiff's Motions to Voluntarily Dismiss Without Prejudice as to Defendant OSF Healthcare System Pursuant to Rule 41 of Federal Rules of Civil Procedure and for Leave to File Second Amended Complaint Pursuant to Rule 15 of the Federal Rules of Civil Procedure [#63] are DENIED.