Neathery v. Winfield et al

Filing 41

MEMORANDUM AND ORDER dismissing Timothy Keiser without prejudice. Clerk of Court to enter judgment accordingly. Signed by Judge J. Phil Gilbert on 7/6/2010. (dka, )

-DGW Neathery v. Winfield et al

Doc. 41

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF ILLINOIS IVAN NEATHERY, individually and as a shareholder of Meridian Bank, and FEDERAL DEPOSIT INSURANCE CORPORATION, as receiver for Meridian Bank, Plaintiffs, vs. Case No. 09-cv-631-JPG CLAY WINFIELD, individually and as a member of the Board of Directors of Meridian Bank, TIMOTHY KEISER, individually and as a member of the Board of Directors of Meridian Bank, and BRAD RENCH, individually and as the President of Meridian Bank, Defendants. MEMORANDUM AND ORDER This matter comes before the Court on Plaintiff Ivan Neathery's Notice of Voluntary Dismissal (Doc. 39), which seeks to dismiss all claims against Defendant Timothy Keiser without prejudice. The instant notice is in response to the Court's Memorandum and Order (Doc. 36) of June 17, 2010, wherein, the Court, inter alia, ordered Neathery to show cause why his claims against Keiser should not be dismissed without prejudice for failure to timely effectuate service of process. Being fully advised of the premises, especially Federal Rules of Civil Procedure 4(m) and 41(a)(1)(A)(i), the Court DISMISSES Keiser without prejudice and DIRECTS the Clerk of Court to terminate him as a defendant in this matter and enter judgment accordingly. IT IS SO ORDERED DATED: July 6, 2010 s/ J. Phil Gilbert J. PHIL GILBERT DISTRICT JUDGE

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