ARGENTINA v. DOLLAR TREE/FAMILY DOLLAR
| ALEXANDER ARGENTINA |
| DOLLAR TREE/FAMILY DOLLAR |
| 2:2022cv01024 |
| July 14, 2022 |
| US District Court for the Western District of Pennsylvania |
| Cathy Bissoon |
| Civil Rights: Other |
| 28 U.S.C. ยง 1441 cr Notice of Removal - Civil Rights |
| None |
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Filing 7
ORDER DISMISSING CASE. Although styled as a motion, Plaintiff's pro se request for dismissal without prejudice (Doc. #6 ) is more properly construed as a Notice of Voluntary Dismissal under Federal Rule of Civil Procedure 41(a). Rule 41(a)(1)(A)(i) allows a plaintiff to dismiss an action where, as here, the adverse party has not served an answer or a motion for summary judgment. See In re Bath & Kitchen Fixtures Antitrust Litig., 535 F.3d 161, 166 (3d Cir. 2008) (noting that a Rule 12(b) Motion is not equivalent to an answer or summary judgment motion for purposes of Rule 41(a)(1)(A)(i)). Plaintiff should be aware, however, that if he initiates another action based on the same allegations, a second voluntary dismissal under Rule 41(a)(1) will operate as an adjudication on the merits of his claim. Accordingly, it IS ORDERED that Plaintiff's claim is DISMISSED WITHOUT PREJUDICE pursuant to Rule 41(a)(1)(A)(i). This case shall be marked CLOSED. Signed by Judge Cathy Bissoon on 8/22/2022. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (sps)
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| Filing 6 MOTION for Dismissal without Prejudice by ALEXANDER ARGENTINA. (ijh) |
| Filing 5 BRIEF in Support re #4 Motion to Dismiss Case as Frivolous, filed by DOLLAR TREE/FAMILY DOLLAR. (Lang, Michael) |
| Filing 4 MOTION to Dismiss Case as Frivolous by DOLLAR TREE/FAMILY DOLLAR. (Attachments: #1 Appendix Certification of Meet and Confer, #2 Proposed Order, #3 Exhibit Complaint GD-22-7214, #4 Exhibit Amended Complaint No. 22-220, #5 Exhibit Civil Docket No. 22-220, #6 Exhibit Order (Third Circuit) No. 22-1855) (Lang, Michael) |
| Filing 3 Disclosure Statement identifying DOLLAR TREE STORES, INC. as corporate parent or other affiliate, by DOLLAR TREE/FAMILY DOLLAR. (Lang, Michael) Modified on 7/15/2022 (kss). |
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Filing 2
ORDER re Federal Rule of Civil Procedure 12(b) Motions to Dismiss, more fully stated in said order. Signed by Judge Cathy Bissoon on 7/15/2022. (kly)
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| Filing 1 NOTICE OF REMOVAL from Allegheny County, case number GD-22-007214 Copies attached: Complaint, Praecipe of Appearance (Filing fee, including Administrative fee, $402, receipt number APAWDC-7196140), filed by DOLLAR TREE/FAMILY DOLLAR. (Attachments: #1 Civil Cover Sheet, #2 Exhibit Complaint, #3 Exhibit Praecipe of Appearance) (kss) |
| CLERK'S OFFICE QUALITY CONTROL MESSAGE re #1 Notice of Removal. ERROR: Party did not file disclosure statement as required pursuant L.R. 7.1.1. CORRECTION: Attorney advised to file statement within 7 days. Disclosure Statement due by 7/21/2022. (kss) |
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| Plaintiff: ALEXANDER ARGENTINA | |
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| Defendant: DOLLAR TREE/FAMILY DOLLAR | |
| Represented By: | Michael E. Lang |
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