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PONTENBERG v. BOSTON SCIENTIFIC CORP.

No. 00-16656 Non-Argument Calendar.

252 F.3d 1253 (2001)

Beth B. PONTENBERG, Plaintiff-Appellee, v. BOSTON SCIENTIFIC CORPORATION, Defendant-Appellant.

United States Court of Appeals, Eleventh Circuit.

DECIDED May 30, 2001.

Attorney(s) appearing for the Case

Paul L. Weisbecker, Atlanta, GA, Charles D. Bavol, Tampa, FL, for Defendant-Appellant.

Betsy McCoy Benedict, Betsy McCoy Benedict, P.A., Tampa, FL, for Plaintiff-Appellee.

Before ANDERSON, Chief Judge, and DUBINA and HULL, Circuit Judges.

PER CURIAM:

Defendant Boston Scientific Corporation ("Boston Scientific") appeals the district court's order permitting the plaintiff Beth Pontenberg to dismiss voluntarily her product liability action. Boston Scientific contends that the district court abused its discretion in dismissing the complaint without prejudice because discovery had expired and Boston Scientific had filed a motion for summary judgment. After review, we affirm.

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