Distefano v. Kinder Morgan, Inc. et al

Filing 36

MEMORANDUM AND ORDER dismissing plaintiff's claims against defendant, Kinder Morgan River Terminals, LLC, with prejudice. Clerk of court directed to enter judgment accordingly. Signed by Judge J. Phil Gilbert on 12/5/2011. (dka, )

UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ILLINOIS
ANTHONY FRANK DISTEFANO,
Plaintiff,
v.

Case No. 10-cv-1028-JPG

KINDER MORGAN RIVER TERMINALS,
LLC, and TAMMY MOELLER-CLARK,
Defendants.
MEMORANDUM AND ORDER
This matter comes before the Court on the notice of dismissal with prejudice filed by
plaintiff Anthony Frank Distefano (Doc. 35), which the Court construes as a motion to dismiss
pursuant to Federal Rule of Civil Procedure 41(a)(2). Rule 41(a)(2) provides that only the Court
may dismiss an action after an adverse party has filed an answer or motion for summary
judgment and in the absence of a stipulation of dismissal of an entire case from all the parties.
The Court GRANTS the motion (Doc. 35), DISMISSES the plaintiff’s claims against defendant
Kinder Morgan River Terminals, LLC with prejudice, and DIRECTS the Clerk of Court to
enter judgment accordingly.
IT IS SO ORDERED.
DATED: December 5, 2011
s/ J. Phil Gilbert
J. PHIL GILBERT
DISTRICT JUDGE