Dressler v. Mizuho Orthopedic Systems, Inc.

Filing 25

MEMORANDUM AND ORDER DISMISSING CASE without prejudice. Clerk of Court to close case. Signed by Judge J. Phil Gilbert on 6/20/11. (bkl)

UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ILLINOIS
TODD DRESSLER,
Plaintiff,
v.

Case No. 10-cv-670-JPG

MIZUHO ORTHOPEDIC SYSTEMS, INC.,
Defendant.
MEMORANDUM AND ORDER
This matter comes before the Court on plaintiff Todd Dressler’s motion to voluntarily
dismiss this case, which the Court construes as a notice of dismissal pursuant to Federal Rule of
Civil Procedure 41(a)(1)(A)(i) (Doc. 23). 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 defendant has not served an answer or motion for summary
judgment in this case. Because the plaintiff has 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 close this case.
IT IS SO ORDERED.
DATED: June 20, 2011
s/ J. Phil Gilbert
J. PHIL GILBERT
DISTRICT JUDGE