McCoy v. Delhaize America, Inc.

Plaintiff: Lisa McCoy
Defendant: Delhaize America, Inc.
Case Number: 2:2012cv00415
Filed: July 27, 2012
Court: Virginia Eastern District Court
Office: Norfolk Office
County: Norfolk City
Presiding Judge: Robert G. Doumar
Referring Judge: Douglas E. Miller
Nature of Suit: Other Personal Injury
Cause of Action: 28:1441
Jury Demanded By: Plaintiff

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Date Filed#Document Text
October 11, 2012 10 Opinion or Order of the Court OPINION AND ORDER - the Court GRANTS the plaintiff's motion for voluntary dismissal and this action is DISMISSED without prejudice, subject to the following conditions: (1) the plaintiff shall pay any taxable costs incurred by the defendant in t his action up until the date of this Order; (2) the plaintiff shall agree to the use of discovery materials from this case in any subsequent court proceedings related to these same claims; and (3) the plaintiff shall not at any time, in any court, re quest more than $75,000 in damages for this incident from this defendant, unless this plaintiff agrees that any such action be brought in federal court or be removable to federal court from a state court. If the plaintiff fails to satisfy these conditions, the dismissal shall be with prejudice. See Choice Hotels Int'l. Inc. v. Goodwin & Boone, 11 F.3d 469,472 (4th Cir. 1993) ("[A] district courtmust be explicit and clear in specifying that failure to meetits conditions will result in prejudicial dismissal...."). The defendant is DIRECTED to file a bill of costs with the time period specified by Local Civil Rule 54(D). Signed by District Judge Robert G. Doumar on 10/10/12 and filed on 10/11/12. (jcow, )

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Plaintiff: Lisa McCoy
Represented By: Oscar Lawrence Gilbert
Represented By: George Thomas Albiston
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Defendant: Delhaize America, Inc.
Represented By: Warren H. Britt
Represented By: Anne Catherine Byrne
Represented By: Michael Timothy Essig
Represented By: Jared Andrew Warren
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