Wehby v. Springer Equipment Co.

MEMORANDUM OPINION

R. DAVID PROCTOR, UNITED STATES DISTRICT JUDGE

I. Introduction

This case is before the court on Plaintiffs Motion to Voluntarily Dismiss Count II of the Complaint (Doc. # 10), filed November 24, 2015. Plaintiff previously moved for relief pursuant to Federal Rule of Civil Procedure 41(a)(1), but Defendant opposed the Motion. (Doc. # 10). Accordingly, the court treated the Motion (Doc. # 10) as one for relief pursuant to Federal Rule of Civil Procedure 41(a)(2), and directed the parties to brief the Motion. (Doc. #11). The Motion is now fully briefed and ripe for consideration.…