Bradley et al v. Ripley Company, Inc. et al

Filing 48

MEMORANDUM AND ORDER. The Court Orders the United States respond to 47 Notice of Voluntary Dismissal. Signed by Judge J. Phil Gilbert on 6/20/2011. (jdh)

UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ILLINOIS
KATHY BRADLEY and LOIS HESS,
Relators,
v.

Case No. 10-cv-562-JPG-PMF

RIPLEY COMPANY, INC. and CAPEWELL
COMPONENTS COMPANY, LLC,
Defendants.
UNITED STATES OF AMERICA,
Intervenor,
MEMORANDUM AND ORDER
This matter comes before the Court on the notice of dismissal with prejudice (Doc. 47)
purportedly pursuant to Federal Rule of Civil Procedure 41(a)(1)(A)(i) filed by relators Kathy
Bradley and Lois Hess. Rule 41(a)(1)(A)(i) allows a plaintiff to dismiss an action without a
court order at any time before the opposing party serves an answer or a motion for summary
judgment. The defendants have not served an answer or motion for summary judgment in this
case, so it appears the relators have an absolute right to dismiss their claims at the present time.
However, in qui tam actions such as this one, the real party in interest is the United States, and
the United States has not joined in the notice of dismissal. To establish on the record the United
States’ position on dismissal of this action, the Court ORDERS the United States to respond to
the notice on or before July 1, 2011.
IT IS SO ORDERED.
DATED: June 20, 2011
s/ J. Phil Gilbert
J. PHIL GILBERT
DISTRICT JUDGE