Opinion
Civil Action No. 02-2478-CM.
March 30, 2004
MEMORANDUM AND ORDER
Plaintiff filed this action on September 20, 2002. On June 16, 2003, defendant filed a Motion to Dismiss (Doc. 18), which the court granted in part and denied in part. Defendant thereafter filed an Answer (Doc. 27) to plaintiff's Complaint.
On March 5, 2004, plaintiff filed a motion entitled "Plaintiff Motion to Petition the Court for a Dismissal of Claim Without Prejudice, Upon Which May Be Re-Filed at a Later Date" (Doc. 31). Defendant's response requests that the case be dismissed with prejudice. The court recognizes that this lawsuit was filed more than seventeen months ago and that defendant has expended time, money, and effort in defense of this action. However, the court does not believe that the circumstances of this case warrant dismissal with prejudice. IT IS THEREFORE ORDERED that plaintiff's Motion to Petition the Court for a Dismissal of Claim Without Prejudice, Upon Which May Be Re-Filed at a Later Date (Doc. 31) is granted. This case is hereby dismissed without prejudice.