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ISC HOLDING AG v. NOBEL BIOCARE INVESTMENTS N.V.

No. 08 Civ. 11051(LLS).

759 F.Supp.2d 294 (2010)

ISC HOLDING AG, Petitioner, v. NOBEL BIOCARE INVESTMENTS N.V., Respondent.

United States District Court, S.D. New York.

November 23, 2010.

Attorney(s) appearing for the Case

Pamela Rogers Chepiga , Louis B. Kimmelman , Allen & Overy, Ira Brad Matetsky, Matthew Norman Tobias , Ganfer & Shore, LLP, New York, NY, for Petitioner.

Adam Craig Silverstein , Martin S. Hyman , Golenbock Eiseman Assor Bell & Peskoe LLP, New York, NY, for Respondent.

OPINION AND ORDER

LOUIS L. STANTON, District Judge.

Treating respondent's Motion to Set a New Trial Date as an application under Federal Rule of Civil Procedure 60(b)(6) to vacate petitioner's Notice of Voluntary Dismissal, the question is whether petitioner can terminate this proceeding by the simple filing of a notice under Federal Rule of Civil Procedure 41(a)(1)(A) which provides ". . . the plaintiff may dismiss an action without a court order by filing...

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