MEMORANDUM OF OPINION AND ORDER
SCHWARZER, District Judge.
Factual Background
Pursuant to Rule 41(a)(2) of the Federal Rules of Civil Procedure, plaintiff Heuttig & Schromm, Inc. moves to dismiss without prejudice. Defendant Operating Engineers Local Union No. 3 ("Local 3") moves to dismiss on the merits, with prejudice, and for summary judgment. Local 3 also seeks sanctions under Rule 11 in the form of attorney's fees and costs.
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