Chaney v. SISTERS OF ST. FRANCIS HEALTH SERVICES, INC, et. al. - October 27, 2006 - Voluntary Dismissal

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THE COURT


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UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF INDIANA
INDIANAPOLIS DIVISION

MICHAEL J. CHANEY, individually, )
and on behalf of others similarly situated, )
)
Plaintiffs, )
v. ) CASE NO.1:06-cv-1583 SEB-VSS
)
SISTERS OF ST. FRANCIS HEALTH SERVICES, INC., )
GREATER LAFAYETTE HEALTH SERVICES, INC., )
ADVANCED RECEIVABLES STRATEGY, INC., )
PEROT SYSTEMS CORPORATION, and, )
JANE DOE, individually and as an employee, )
)
Defendants. )

NOTICE OF DISMISSAL
Comes now, the Plaintiff, Michael J. Chaney, individually, and on behalf of other similarly situated, by counsel, Scott A. Benkie, BENKIE & CRAWFORD, and for PlaintiffÕs Notice of Dismissal, states as follows:

The Plaintiff filed a Class Action Complaint on or about October 27, 2006.

The Defendants were served on or about November 2, 2006 and none of the Defendants have filed an Answer or a Motion for Summary Judgment.

The DefendantsÕ filing of a Motion to Dismiss under F.R.Civ.P. 12(b)(6) does not affect the PlaintiffÕs right to a voluntary dismissal under F.R.Civ.P. 41(a)(1)(i).

The Plaintiff files a Notice of Dismissal with the intention of dismissing the case under F.R.Civ.P. 41(a)(1)(i) without prejudice to re-filing.
Respectfully submitted,

/s/ Scott A. Benkie Scott A. Benkie, #4327-49
Attorney for Plaintiff

Certificate of Service

I hereby certify that on December 14, 2006, the foregoing was filed electronically. Notice of this filing will be sent to the following parties by operation of the CourtÕs electronic filing system. Parties may access this filing through the Court system:

Jeffrey C. McDermott [email protected]
Libby Y. Mote [email protected]
Matthew R. Strzynski [email protected]
KRIEG DeVAULT LLP
Suite 2800
One Indiana Square
Indianapolis, IN 46204-2079


Kristiana M. Brugger [email protected]
Nancy G. Tinsley [email protected]
BAKER & DANIELS LLP
Suite 2700
300 North Meridian Street
Indianapolis, IN 46204






/s/ Scott A. Benkie Scott A. Benkie, #4327-49
BENKIE & CRAWFORD
47 South Meridian, Suite 305
Indianapolis IN 46204
(317) 632-4448 (317) 637-8555 fax
[email protected]

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