Ault v. Schlumberger Ltd et al

Filing 38

MEMORANDUM AND ORDER re joint stipulation of dismissal 37 . Claims against Transocean Ltd are dismissed without prejudice. The Court denies as moot 29 MOTION to Dismiss or alternatively for more definite statement. Signed by Judge J. Phil Gilbert on 11/20/2012. (dka, ) Modified on 11/20/2012 (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 plaintiff Johnnie Ault’s and defendant Transocean
Ltd.’s joint stipulation of dismissal without prejudice (Doc. 37) 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 Transocean Ltd., are
DISMISSED without prejudice. The Court further DENIES defendant Transocean Ltd.’s
motion to dismiss or alternatively for more definite statement (Doc. 29) as MOOT.
IT IS SO ORDERED.
DATED: November 20, 2012
s/ J. Phil Gilbert
J. PHIL GILBERT
DISTRICT JUDGE