Reversed by published opinion. Judge MOTZ wrote the opinion, in which Judge RUSSELL and Judge MURNAGHAN joined.
OPINION
DIANA GRIBBON MOTZ, Circuit Judge:
This is an appeal from an order vacating a notice of voluntary dismissal. Because at the time plaintiffs filed the notice, defendants had not answered the complaint, moved for summary judgment, or filed a motion to dismiss that had been treated as a motion for summary judgment, we reverse.
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