Opinion
Case No. 5:01 CV 1240
August 29, 2002
ORDER OF DISMISSAL WITH PREJUDICE
Plaintiffs filed this tax refund case on May 21, 2001. ECF No. 1. On October 22, 2001, the Court held a Case Management Conference. At the conference, plaintiffs' counsel acknowledged that it would be difficult to obtain the evidence necessary to support their case. ECF No. 17. The parties and the Court agreed to a period of time within which the plaintiffs could attempt to obtain necessary evidence. Id. Thereafter, one plaintiff, Mr. Sisler, died. Id. He had not been deposed and could not help plaintiffs' counsel in trying to obtain evidence or analyze it, making it even more difficult for the plaintiffs to prove their case. Id.
On June 27, 2002, Plaintiffs filed a Notice of Dismissal, seeking to dismiss this case without prejudice, under Federal Rule 41(a)(1). ECF No. 16. Defendant responded with a Motion for Dismissal with Prejudice arguing the plaintiffs had ample opportunity to discover and prove their case and they were unable to do so. ECF No. 17. On August 27, 2002, Plaintiff's counsel, Robert Fedor, Esq., informed the Court that his client has no opposition to this case being dismissed with prejudice.
Accordingly, the above-captioned case is dismissed with prejudice, each party to bear their own costs.