Eggmann v. Myers et al

Filing 147

MEMORANDUM AND ORDER granting 146 MOTION to Dismiss Ray L. Holcomb filed by Robert E. Eggmann. Holcom dimissed with prejudice. Clerk of Court to enter judgment accordingly at close of case.Signed by Judge J. Phil Gilbert on 7/19/2010. (dka, )

-PMF Eggmann v. Myers et al

Doc. 147

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF ILLINOIS ROBERT E. EGGMANN, in his capacity as Trustee of the Estate of Joseph W. Diekemper and Margaret A. Diekemper, Plaintiff, v. JAMES RICHARD MYERS, et al., Defendants. MEMORANDUM AND ORDER This matter comes before the Court on Plaintiff Robert Eggmann's Motion to Voluntarily Dismiss (Doc. 146) Defendant Ray Holcomb pursuant to Federal Rule of Civil Procedure 41(a)(2). Rule 41(a)(2) provides that only the Court may dismiss an action after an adverse party has filed an answer or motion for summary judgment and in the absence of a stipulation of dismissal of an entire case from all the parties. Being fully advised of the premises, especially the fact that Eggmann will continue to pursue his claims against the remaining Defendants and this Court's recent approval of the unopposed settlement between Eggmann and Holcomb, (see Doc. 145), the Court GRANTS the instant motion, thereby DISMISSING Holcomb with prejudice. The Court DIRECTS the Clerk of Court to terminate Holcomb as a defendant in this matter and further DIRECTS the Clerk of Court to enter judgment accordingly at the close of this case. IT IS SO ORDERED. DATED: July 19, 2010 s/ J. Phil Gilbert J. PHIL GILBERT DISTRICT JUDGE Civil Case No. 08-cv-757-JPG

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