Howland 3 Investments, LLC et al v. Heritage Coal Company, LLC et al

Filing 22

VACATED PER ORDER AT DOC 23 - MEMORANDUM AND OPINION, Granting 17 MOTION to Dismiss and Memorandum of Law In Support filed by Peabody Coal Company, LLC, Peabody Coal Company. Peabody Coal Company and Peabody Coal Company, LLC terminated. Signed by Judge J. Phil Gilbert on 8/20/09. (bkl) Modified on 9/1/2009 (dka, ).

UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF ILLINOIS HOWLAND 3 INVESTMENTS, LLC, EASY STREET AUTO WASH, INC., and JEFF MCCARTY, Plaintiffs, v. HERITAGE COAL COMPANY, LLC, PEABODY COAL COMPANY, LLC, PEABODY COAL COMPANY, a corporation, and PEABODY HOLDING COMPANY, INC., Defendants. MEMORANDUM AND ORDER This matter comes before the Court on Plaintiffs' Motion to Voluntarily Dismiss (Doc. 17) Defendants Peabody Coal Company, LLC, and Peabody Coal Company, a corporation, 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 signed by all parties. Plaintiffs have been advised that Defendants Peabody Coal Company, LLC, and Peabody Coal Company, a corporation, do not currently exist. Rather, these entities are names by which Defendant, Heritage Coal Company, LLC, was formerly known. Plaintiffs have conferred with Defendants' counsel, who have no objections. Because the Court has authority to dismiss the action against the currently non-existent Defendants under Federal Rule of Civil Procedure 41(a)(2), the Court hereby GRANTS the Motion to Voluntarily Dismiss (Doc. 17) and DISMISSES without prejudice Defendants Peabody Coal Company, LLC, and Peabody Coal Company, a corporation. Case No. 09-cv-451-JPG

IT IS SO ORDERED. DATED: August 20, 2009 s/ J. Phil Gilbert J. PHIL GILBERT DISTRICT JUDGE

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