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Century Manufacturing Co. v. Central Transport International, Inc.
Citations: 209 F.R.D. 647; 2002 U.S. Dist. LEXIS 18406; 2002 WL 31163772Docket: Civ.A. No. 00-12435-JGD
Court: District Court, D. Massachusetts; October 1, 2002; Federal District Court
Defendants Central Transport International, Inc. and C.C. Eastern, Inc., along with third-party defendant MC Machinery Systems, Inc., filed a Stipulation of Dismissal with prejudice for a third-party action. Plaintiff Century Manufacturing Company, Inc. objected to this dismissal. The court overruled Century's objections, noting that under Federal Rule of Civil Procedure 41(a)(1)(ii), a voluntary dismissal requires the consent of all parties involved in the action, which Century is not. The court cited precedents affirming that a stipulation signed by all parties effectively dismisses the action without court approval, and that even if Century had standing, its objection would still be overruled as no prejudice to its interests was established. The court emphasized that the remaining defendants are still responsible for any claims brought by Century and that dismissal with prejudice is typically granted unless it harms a defendant. The case law cited supports that a plaintiff cannot be compelled to pursue a claim they wish to dismiss. Consequently, the third-party complaint is dismissed with prejudice, and any evidentiary issues should be raised through a separate motion in limine. The order concludes with the dismissal of the third-party complaint without costs and notes that Central will proceed with a fourth-party claim against U.E.S. Transport, which is currently pending a summary judgment motion.