Larson v. Charter Communications, Inc. et al

Filing 14

MEMORANDUM AND ORDER denying as moot 9 MOTION to Amend/Correct Complaint filed by Robert D. Larson and 6 MOTION to Dismiss filed by Credit Protection Association, L. P. Clerk of Court directed to close case file. Signed by Judge J. Phil Gilbert on 6/2/2011. (dka, )

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF ILLINOIS
ROBERT D. LARSON,
Plaintiff,
Case No. 11-cv-351-JPG-PMF

vs.
CHARTER COMMUNICATIONS, INC.
and CREDIT PROTECTION
ASSOCIATION, L.P.,
Defendants.

MEMORANDUM AND ORDER
This matter comes before the Court on Plaintiff Robert Larson’s Notice of Voluntary
Dismissal (Doc. 13), which seeks to dismiss all claims against Defendants Charter
Communications, Inc. and Credit Protection Association, L.P. with prejudice.
Pursuant to Federal Rule of Civil Procedure 41(a)(1)(A)(i), a plaintiff has an absolute
right to dismiss an action against an adverse party at any time before said party serves either an
answer or a motion for summary judgment, whichever first occurs.
Here, Defendants have yet to file either an answer or a motion for summary judgment.
Accordingly, the Court acknowledges that this matter is at an end, DENIES as moot the pending
motions (Docs. 6, 9), and DIRECTS the Clerk of Court to close the case file.
IT IS SO ORDERED
DATED: June 2, 2011
s/ J. Phil Gilbert
J. PHIL GILBERT
DISTRICT JUDGE