American Express Co. v. Baker

Pope, Judge.

Plaintiff American Express Company brought suit against defendant Ronald R. Baker to collect a sum allegedly owed on an account. Defendant answered and filed a counterclaim for abusive litigation. When plaintiff failed to respond to defendant’s discovery requests, defendant filed a motion to compel. The motion was set for oral argument at 9:00 a.m. on June 24, 1988. Prior to the hearing, plaintiff announced in open court its voluntary dismissal of the complaint. Written notice of the voluntary dismissal was filed with the clerk at 9:45 a.m. The court nevertheless conducted a…