IN THE UNITED STATES DISTRICT COURT FOR THE 

MIDDLE DISTRICT OF ALABAMA 

NORTHERN DIVISION 

OWEN J. ROGAL, D.D.S., P.C., 

 Plaintiff, 

v. 

SKILSTAF, INC., 

 Defendant. 

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CIVIL ACTION NO. 

3:06-cv-00711-MHT

DEFENDANT’S NOTICE OF VOLUNTARY 

DISMISSAL OF ITS COUNTERCLAIM

COMES NOW, Defendant and Counterclaimant Skilstaf Inc. 

(“Skilstaf” or “Defendant”) and, pursuant to Federal Rule of Civil Procedure 

41, hereby voluntarily dismisses, without prejudice, the counterclaim that it 

filed against Plaintiff on or about October 6, 2006. As grounds for its 

voluntarily dismissal, Defendant states as follows: 

1. On or about October 6, 2006, Defendant filed its Answer and 

Counterclaim against Plaintiff in the above-styled cause. 

2. Federal Rule of Civil Procedure 41(a) provides, in pertinent 

part, that “an action may be dismissed by the plaintiff without order of court 

(i) by filing a notice of dismissal at any time before service by the adverse 

Case 3:06-cv-00711-MHT-WC Document 29 Filed 10/17/2006 Page 1 of 4
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party of an answer or of a motion for summary judgment, whichever first 

occurs . . . .” FED. R. CIV. P. 41(a)(1) (2006); see also FED. R. CIV. P. 41(c) 

(2006) (“The provisions of this rule apply to the dismissal of any 

counterclaim, cross-claim, or third-party claim. A voluntary dismissal by 

the claimant alone pursuant to paragraph (1) of subdivision (a) of this rule 

shall be made before a responsive pleading is served or, if there is none, 

before the introduction of evidence at the trial or hearing.”). 

3. Under Federal Rule of Civil Procedure 41(a), a voluntary 

dismissal is “without prejudice.” FED. R. CIV. P. 41(a)(1) (2006). 

4. To date, Plaintiff has not yet served a pleading that is 

responsive to Defendant’s Counterclaim. 

5. Notwithstanding Defendant’s voluntary dismissal of its 

Counterclaim, Defendant readopts and reincorporates its Answer as if its 

Answer were set out in full herein. 

WHEREFORE, premises considered, Defendant requests that the 

Court voluntarily dismiss, without prejudice, the counterclaim it filed against 

Plaintiff in the above-styled caused on or about October 6, 2006. 

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Respectfully Submitted, 

 s/Charles A. Stewart III 

Charles A. Stewart III (STE067) 

Bradley Arant Rose & White LLP

The Alabama Center for Commerce 

401 Adams Avenue, Suite 780 

Montgomery, AL 36104 

Telephone: (334) 956-7700 

Facsimile: (334) 956-7701 

cstewart@bradleyarant.com

 s/Amelia T. Driscoll 

Amelia T. Driscoll (DRI016) 

Bradley Arant Rose & White LLP

1819 Fifth Avenue North 

Birmingham, AL 35203-2104 

Telephone: (205) 521-8000 

Facsimile: (205) 521-8800 

adriscoll@bradleyarant.com

 Attorneys for Defendant 

 Skilstaf, Inc. 

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CERTIFICATE OF SERVICE

I hereby certify that on October 17, 2006, I electronically filed the 

foregoing with the Clerk of the Court using the CM/ECF system, which will 

send notification of such filing to the following: 

Robert E. Cole 

437 Chestnut Street, Suite 218 

Philadelphia, PA 19109 

Beth A. Friel 

Jeanne L. Bakker 

Mongtomery, McCracken, Walker & Rhoads 

123 South Broad Street 

Philadelphia, PA 19109 

and I hereby certify that I have mailed by U. S. Postal Service the document 

to the following non-CM/ECF participants: None. 

/s/ Amelia T. Driscoll 

Case 3:06-cv-00711-MHT-WC Document 29 Filed 10/17/2006 Page 4 of 4