Blackhawk Engineering Inc. v. Essex Insurance Company et al

Filing 21

MEMORANDUM AND ORDER re 37 the Court finds that its claims against Westchester Fire Insurance Company are DISMISSED without prejudice and DIRECTS the Clerk of Court to enter judgment accordingly at the close of the case. Westchester Fire Insurance Company terminated from this action. Signed by Judge J. Phil Gilbert on 4/2/2012. (jdh, )

UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ILLINOIS
ESSEX INSURANCE COMPANY,
Plaintiff,
v.

Case No. 11-cv-884-JPG-SCW

BLACKHAWK ENGINEERING, INC., MARIA
GARZA, individually, as Administratrix of the
Estate of Armando Garza, and as next friend of
YESENIA GARZA, and LIZETTE GARZA,
Defendants.

BLACKHAWK ENGINEERING, INC.,
Plaintiff,
Case No. 11-cv-1054-JPGSCW

v.
ESSEX INSURANCE COMPANY and
WESTCHESTER FIRE INSURANCE
COMPANY,
Defendants.

MEMORANDUM AND ORDER
This matter comes before the Court on Blackhawk Engineering, Inc.’s motion to dismiss
its claims in member case 11-cv-1054-JPG-SCW against Westchester Fire Insurance Company
without prejudice (Doc. 37), which the Court construes as a notice of dismissal pursuant to
Federal Rule of Civil Procedure 41(a)(1)(A)(i). Rule 41(a)(1)(A)(i) allows a party to dismiss an
action without a court order at any time before the opposing party serves an answer or a motion
for summary judgment. Westchester Fire Insurance Company has not served an answer or
motion for summary judgment in this case. Because Blackhawk Engineering, Inc. has an
absolute right to dismiss its claims against Westchester Fire Insurance Company at the present

time, the Court finds that its claims against Westchester Fire Insurance Company are
DISMISSED without prejudice and DIRECTS the Clerk of Court to enter judgment
accordingly at the close of the case. Westchester Fire Insurance Company is terminated from
this action.
IT IS SO ORDERED.
DATED: April 2, 2012
s/ J. Phil Gilbert
J. PHIL GILBERT
DISTRICT JUDGE

2