From Casetext: Smarter Legal Research

Tolen v. Honeywell International, Inc.

United States District Court, S.D. Illinois
May 3, 2006
Case No. 05-cv-4220-JPG (S.D. Ill. May. 3, 2006)

Opinion

Case No. 05-cv-4220-JPG.

May 3, 2006


MEMORANDUM AND ORDER


This matter comes before the Court on plaintiff Jennifer Tolen's notice of voluntary dismissal of Counts VI through XX of this action pursuant to Federal Rule of Civil Procedure 41(a)(1) (Doc. 8). However, Rule 41(a)(1)(i) is inapplicable in that it speaks only of dismissing "an action" and not dismissing individual claims. To remedy this deficiency, the Court construes the notice of dismissal as a motion to voluntarily dismiss Counts VI through XX. without prejudice pursuant to Rule 41(a)(2).

The Court hereby GRANTS the motion to dismiss (Doc. 8), DISMISSES without prejudice Counts VI through XX, and DIRECTS the Clerk of Court to enter judgment accordingly at the close of the case.

IT IS SO ORDERED.


Summaries of

Tolen v. Honeywell International, Inc.

United States District Court, S.D. Illinois
May 3, 2006
Case No. 05-cv-4220-JPG (S.D. Ill. May. 3, 2006)
Case details for

Tolen v. Honeywell International, Inc.

Case Details

Full title:JENNIFER TOLEN, personally, and as natural parent of two deceased unborn…

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

Date published: May 3, 2006

Citations

Case No. 05-cv-4220-JPG (S.D. Ill. May. 3, 2006)