Fleming et al v. American Home Mortgage Servicing, Inc.

Filing 14

MEMORANDUM AND ORDER DISMISSING CASE without prejudice. Clerk of Court to enter judgment accordingly. Signed by Judge J. Phil Gilbert on 6/30/09. (dka, )

UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF ILLINOIS BYRON FLEMING and VICKI FLEMING, Plaintiffs, v. AMERICAN HOME MORTGAGE SERVICING, INC., Defendant. MEMORANDUM AND ORDER This matter comes before the Court on the Notice of Dismissal (Doc. 13) without prejudice pursuant to Federal Rule of Civil Procedure 41(a)(1)(A)(i) filed by plaintiffs Byron Fleming and Vicki Fleming. Rule 41(a)(1)(A)(i) allows dismissal of an action by a plaintiff without a court order at any time before service by an adverse party of an answer or of a motion for summary judgment, whichever first occurs. The defendant has not filed an answer or motion for summary judgment in this case. Because the plaintiffs have an absolute right to dismiss this case at the present time, the Court finds that this action is DISMISSED without prejudice and DIRECTS the Clerk of Court to enter judgment accordingly. IT IS SO ORDERED. DATED: June 30, 2009 s/ J. Phil Gilbert J. PHIL GILBERT DISTRICT JUDGE Case No. 09-cv-348-JPG