Taylor v. Commonwealth of Virginia, Department of Transportation

MEMORANDUM OPINION

PAYNE, District Judge.

The defendants, Commonwealth of Virginia and Department of Transportation, have moved the court pursuant to Fed.R.Civ.P. 60(b)(1), 60(b)(4) and 60(b)(6)1 to vacate its order granting plaintiff, Mark A. Lythgoe’s Motion for Voluntary Dismissal without prejudice. The defendants seek an order either denying Lythgoe’s Motion for Voluntary Dismissal, or in the alternative, dismissing Ly-thgoe’s Complaint with prejudice pursuant to Fed.R.Civ.P. 41(a)(2).

The defendants claim that this court erred in granting Lythgoe’s Motion for Voluntary Dismissal on July 26,…