Triumphe Casualty Company v. Gerlach et al

Filing 7

MEMORANDUM AND ORDER DISMISSING CASE with prejudice.Signed by Judge J. Phil Gilbert on 9/12/2012. (jdh)

UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ILLINOIS
TRIUMPHE CASUALTY COMPANY,
Plaintiff,
v.

Case No. 11-cv-1074-JPG-PMF

CHRISTINA GERLACH, DUANE
GERLACH, JOEL LEIN, NEW YORK POPS,
LLC, STATE FARM INSURANCE
COMPANY and ALLSTATE INSURANCE
COMPANY,
Defendants.
MEMORANDUM AND ORDER
This matter comes before the Court on the Motion to Voluntarily Dismiss with prejudice
(Doc. 6) filed by plaintiff Triumphe Casualty Company, 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 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 with prejudice and DIRECTS
the Clerk of Court to close this case.
IT IS SO ORDERED.
DATED: September 12, 2012
s/J. Phil Gilbert
J. PHIL GILBERT
DISTRICT JUDGE