Kuznar v. Kuznar

Dist. Ct. did not err in granting plaintiff’s motion to voluntarily dismiss 2011 state-court action seeking to have defendant pay plaintiff money that defendant had received from deceased’s pension plan, where said action had been removed to federal court. Record showed that 2011 filing was in response to similar 1997 action, in which favorable summary judgment (that had been entered on behalf of plaintiff’s mother) was vacated because mother had died prior to entry of summary judgment, and while defendant argued that any voluntary motion to dismiss must include dismissal of 1997 action, such argument was unavailing since: (1) defendant originally argued that instant removal action pertained only to 2011 action that plaintiff had filed on behalf of his mother’s estate; and (2) instant removal action could only pertain to 2011 action, since 30-day deadline for removing 1997 action had long passed.