Ault v. Schlumberger Ltd et al

Filing 33

MEMORANDUM AND ORDER dismissing claims against Harbinger Group, Inc. without prejudice. Signed by Judge J. Phil Gilbert on 10/15/2012. (dka, )

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ILLINOIS
JOHNNIE AULT, Individually and as Special
Administrator of the Estate of Bryan W. Ault,
deceased,
Plaintiff,

Case No. 12-cv-833-JPG

vs.
SCHLUMBERGER, LTD., TRANSOCEAN,
LTD, HARBINGER GROUP, INC., and BP,
PLC.,
Defendants.
MEMORANDUM AND ORDER
This matter comes before the Court on the plaintiff Johnnie Ault’s and defendant
Harbinger Group, Inc.’s joint stipulation of dismissal without prejudice (Doc. 22) pursuant to
Federal Rule of Civil Procedure 41(a)(1)(A)(ii).
Federal Rule of Civil Procedure 41(a)(1)(A)(ii) provides that “a plaintiff may dismiss an
action without a court order by filing a stipulation of dismissal signed by all parties who have
appeared.” Because plaintiff has an absolute right to dismiss this case pursuant to a stipulation
under Rule 41(a)(1)(A)(ii), the Court finds that the claims against defendant Harbinger Group,
Inc., are DISMISSED without prejudice.

IT IS SO ORDERED.
DATED: October 15, 2012
s/ J. Phil Gilbert
J. PHIL GILBERT
DISTRICT JUDGE