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MICHIGAN SURGERY INV., LLC v. ARMAN

No. 10-1612.

627 F.3d 572 (2010)

MICHIGAN SURGERY INVESTMENT, LLC, VEI-Michigan, Inc., and Visionary Enterprises, Inc., Plaintiffs-Appellants, v. Mohammed ARMAN, M.D., et al., Defendants-Appellees, Oakwood Enterprises, Inc. and Oakwood Healthcare, Inc., Defendants.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: December 14, 2010.

Attorney(s) appearing for the Case

ARGUED: Wayne C. Turner , Bingham McHale LLP, Indianapolis, Indiana, for Appellants. Paul P. Asker , Asker Perlmuter, PLC, Farmington Hills, Michigan, for Appellees. ON BRIEF: K. Scott Hamilton , J. Benjamin Dolan , Dickinson Wright PLLC, Detroit, Michigan, for Appellants. Paul P. Asker , Gary E. Perlmuter , Asker Perlmuter, PLC, Farmington Hills, Michigan, for Appellees.

ROGERS, J., delivered the opinion of the court, in which BATCHELDER, C.J., and KEITH, J., joined with BATCHELDER, C.J. (pp. 577-78), delivering a separate concurring opinion.

OPINION

ROGERS, Circuit Judge.

Plaintiff-appellant Michigan Surgery Investment, LLC and its affiliates appeal the dismissal of this civil action with prejudice after the plaintiffs had moved for voluntary dismissal without prejudice under Rule 41(a)(2) of the Federal Rules of Civil Procedure. Because the district court did not give the plaintiffs notice of its intention to dismiss with prejudice, along with an opportunity to withdraw the request for voluntary...

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