Kistler v. T.E. Kolb II,LLC et al

Filing 8

MEMORANDUM AND ORDER re 7 Notice of Dismissal. The Court dismisses action without prejudice and directs Clerk of Court to close this case. Signed by Judge J. Phil Gilbert on 3/31/2011. (dka, )

UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF ILLINOIS KATHY KISTLER, Plaintiff, v. T.E. KOLB II, LLC and WESTERN RESTAURANTS, INC., Defendants. MEMORANDUM AND ORDER This matter comes before the Court on the Notice of Dismissal (Doc. 7) pursuant to Federal Rule of Civil Procedure 41(a)(1)(A)(I) filed by plaintiff Kathy Kistler. 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 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: March 31, 2011 s/ J. Phil Gilbert J. PHIL GILBERT DISTRICT JUDGE Case No. 11-cv-80-JPG-DGW