Angell, Trustee v. Brailsford

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UNITED STATES BANKRUPTCY COURT
EASTERN DISTRICT OF NORTH CAROLINA
WILMINGTON DIVISION
IN RE:
STRATEGIC ALLIANCE GROUP, INC.,
Debtor. Case No.: 04-04733-8-JRL
Chapter 7
______________________________________________________________________________
JAMES B. ANGELL,
CHAPTER 7 TRUSTEE FOR
STRATEGIC ALLIANCE GROUP, INC.,
Plaintiff,
v. Adversary Proceeding No.:
L-05-00239-8-AP
DONALD K. BRAILSFORD,
Defendant.
_______________________________________________________________________________
ORDER
This case is before the court on the Bill of Costs presented to the court by Norman Brailsford. On
July 22, 2005, the Chapter 7 trustee filed this adversary proceeding against Donald Brailsford. On January
SO ORDERED.
SIGNED this 22 day of January, 2007.
________________________________________
J. Rich Leonard
United States Bankruptcy Judge
____________________________________________________________
Case 05-00239-8-JRL Doc 69 Filed 01/22/07 Entered 01/22/07 16:31:24 Page 1 of 2

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19, 2006, the trustee amended the complaint and added Norman Brailsford as a defendant. On November
22, 2006, the trustee voluntarily moved to dismiss his claims against Norman Brailsford. By order of
December 13, 2006, the court granted the voluntary dismissal without prejudice.
Voluntary dismissal by court order, pursuant to Rule 41(a)(2) of the Federal Rules of Civil
Procedure, is made applicable to adversary proceedings by way of Rule 7041 of the Federal Rules of
Bankruptcy Procedure. The Fourth Circuit holds that a voluntary dismissal without prejudice under Rule
41(a)(2) does not render a defendant a prevailing party. Best Indus., Inc. v. CIS BIO Int’l, Inc., 134 F.3d
362, 1998 WL 39383 at *4 (4th Cir. 1998)(following Szabo Food Service, Inc. v. Canteen Corp., 823
F.2d 1073, 1076-77 (7th Cir. 1987)).
Because Norman Brailsford is not a prevailing party eligible for an award of costs, the court denies
the Bills of Costs.
END OF DOCUMENT
Case 05-00239-8-JRL Doc 69 Filed 01/22/07 Entered 01/22/07 16:31:24 Page 2 of 2