Myers v. Hertz Penske Truck Leasing, Inc.

ORDER

FORRESTER, District Judge.

This action is before the court on two motions. Plaintiff asks that he be allowed to dismiss, without prejudice, his cause of action in this court. Defendant opposes this motion and asks that the court enjoin the plaintiff from prosecuting an action filed in the Superior Court of Fulton County, Georgia.

Plaintiff, a resident of Ohio, originally filed this action for malicious prosecution against the defendant, a Delaware Corporation, in the Superior Court of Fulton County, Georgia, where the cause of action arose. Defendant properly removed the case to this court…