Opinion
Case No. 05-71387.
February 17, 2006
CORRECTED ORDER GRANTING VOLUNTARY DISMISSAL
This matter is before the Court on Plaintiffs' Notice of Withdrawal of Trustee Process, filed on November 17, 2005. The Plaintiffs seek to voluntarily dismiss their motion for attachment against the Trustee Process Defendants, without prejudice.
This is an action for attachment. The Plaintiffs sought to partially satisfy a judgment against the Islamic Republic of Iran by seizing antiquities, allegedly belonging to Iran, in the possession of the Trustee Process Defendants. The Plaintiffs now seek to dismiss the action pending resolution of similar litigation in Boston and Chicago.
The Court reviewed the Plaintiffs' Notice, the Defendant Detroit Institute of Arts' ("DIA") Response and the Plaintiffs' Reply. The Plaintiffs are entitled to dismiss the action, pursuant to Federal Rule of Civil Procedure 41(a). The DIA asks for costs or attorney fees either now, or as a condition of filing a new suit. However, no Defendant filed a motion for summary judgment, as is required to trigger dismissal by order of the court. The Court must grant the Plaintiffs' dismissal unconditionally. Therefore, the Court GRANTS Plaintiffs voluntary dismissal, without prejudice.
A motion to dismiss may not be treated as a motion for summary judgment for purposes of FRCP 41(a). Aamot v. Kassel, 1 F.3d 441 (6th Cir. 1993).
IT IS SO ORDERED.