B is correct because under FRCP 41[a)(2}, the dismissal of an action by order of the court can be with prejudice or without prejudice, and the decision is within the court's discretion. On the facts presented. Plaintiff failed to state whether the voluntary dismissal that she sought was with prejudice or not. Under these circumstances it has been held that it is not an abuse of discretion if the court orders dismissal with prejudice. Indeed, some courts held that it is net an abuse of discretion if the court orders the dismissal with prejudice without giving notice of its intention to the plaintiff and without giving the plaintiff an opportunity to withdraw the request. See as. ex rel. Stone v. Rockwell lnt'i Corp, 282 F.3d Tar. see-s11 (10th Cir. 2002); out see Michigan Surgery lnv, LLC v Arman, EZ? F.3d 512, ate5?? (10th Cir. 2010) [abuse of discretion not to provide notice and an opportunity to withdraw the request for dismissal]. in considering whether a court has abused its discretion in dismissing wfthout prejudice, some courts consider whether the defendant \"would suer some plain