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

Filing 50

MEMORANDUM ORDER DISMISSING CASE. The Court finds that this action is dismissed with prejudice and without costs as to relators Kathy Bradley and Lois Hess. The action is dismissed without prejudice as to the United States. The Court directs the Clerk of Court to enter judgment accordingly. Signed by Judge J. Phil Gilbert on 6/28/2011. (jdh) Modified on 6/28/2011 (jdh, ).

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

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

UNITED STATES OF AMERICA,
Intervenor,
v.
RIPLEY COMPANY, INC. and CAPEWELL
COMPONENTS COMPANY, LLC,
Defendants.
MEMORANDUM AND ORDER
This matter comes before the Court on the notice of dismissal with prejudice (Doc. 47)
pursuant to Federal Rule of Civil Procedure 41(a)(1)(A)(i) filed by relators Kathy Bradley and
Lois Hess. The Court also considers the United States’ response (Doc. 49) to the notice in which
it states that it does not object to voluntary dismissal so long as it is without prejudice to its
ability to bring future claims based on the same conduct by the defendants.
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. Because
the relators have an absolute right to dismiss the claims as brought by them at the present time,
the Court finds that this action is DISMISSED with prejudice and without costs as to relators
Kathy Bradley and Lois Hess, and that they no longer have the ability to bring claims based on
the defendants’ alleged conduct in this case. The action is DISMISSED without prejudice to

the United States’ and other relators’ ability to bring future claims based on the same conduct by
the defendants. The Court DIRECTS the Clerk of Court to enter judgment accordingly.
IT IS SO ORDERED.
DATED: June 28, 2011
s/ J. Phil Gilbert
J. PHIL GILBERT
DISTRICT JUDGE

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