Joe Hand Promotions, Inc. v. Ward et al

Filing 31

MEMORANDUM AND ORDER, granting 30 MOTION to Dismiss filed by Joe Hand Promotions, Inc. Signed by Judge J. Phil Gilbert on 7/9/2014. (jdh)

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IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF ILLINOIS JOE HAND PROMOTIONS, INC., Plaintiff, Case No. 11-cv-999-JPG-SCW vs. SHERNAKEIA WARD and KEYA’S CORP., Defendants. MEMORANDUM AND ORDER This matter comes before the Court on plaintiff’s motion to dismiss (Doc. 30) which the Court construes as a notice of dismissal. Pursuant to Federal Rule of Civil Procedure 41(a)(1)(A)(i) a plaintiff may dismiss a defendant without a court order by filing “a notice of dismissal before the opposing party serves either an answer or a motion for summary judgment.” Here, the defendants have filed neither an answer nor a motion for summary judgment. Accordingly, the Court GRANTS plaintiff’s motion to dismiss (Doc. 30) and DIRECTS the Clerk of Court to close this case. IT IS SO ORDERED. DATED: July 9, 2014 s/ J. Phil Gilbert J. PHIL GILBERT DISTRICT JUDGE

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