U.S. Bank, N.A. v. Benoodt et al

Filing 18

MEMORANDUM AND ORDER, The Court finds that this action is DISMISSED without prejudice and DIRECTS the Clerk of Court to close this case.Signed by Judge J. Phil Gilbert on 11/14/2013. (jdh)

UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ILLINOIS
U.S. BANK, N.A., in its capacity as Trustee for the
registered holders of Home Equity Asset Trust 2004-6,
Home Equity Pass-Through Certificates, Series 2004-6,
Plaintiff,

Case No. 10-cv-812-JPG-PMF

v.
PHILIP BENOODT, CAPITAL ONE BANK (USA),
N.A., PEOPLE OF THE STATE OF ILLINOIS ex rel.
TAMMIE THEISEN, and TAMMIE EMONS ,
Defendants.
MEMORANDUM AND ORDER
This matter comes before the Court on the motion to dismiss without prejudice filed by
plaintiff U.S. Bank, N.A., in its capacity as Trustee for the registered holders of Home Equity
Asset Trust 2004-6, Home Equity Pass-Through Certificates, Series 2004-6 (Doc. 17). The
Court construes the motion as a notice of dismissal pursuant to Federal Rule of Civil Procedure
41(a)(1)(A)(i), which 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. No defendant
has 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: November 14, 2013
s/ J. Phil Gilbert
J. PHIL GILBERT
DISTRICT JUDGE