McCoy v. Delhaize America, Inc.
||Delhaize America, Inc.
||July 27, 2012
||Virginia Eastern District Court
||Robert G. Doumar
||Douglas E. Miller
|Nature of Suit:
||Other Personal Injury
|Cause of Action:
|Jury Demanded By:
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|Date Filed||#||Document Text|
|October 11, 2012
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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