First Specialty Insurance Corporation v. Mike Dover Corporation et al

Filing 40

MEMORANDUM AND ORDER DISMISSING CASE without prejudice. The Court Directs the Clerk of Court to close this case. Signed by Judge J. Phil Gilbert on 10/25/12. (bkl)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ILLINOIS
FIRST SPECIALTY INSURANCE
CORPORATION,
Plaintiff,
vs.

Case No. 12-cv-873-JPG

MIKE DOVER CORPORATION, AMANDA
J. STACEY, ESTATE OF JASON E.
STACEY, SOUTHERN MINERALS, INC.,
and SUPERIOR PROCESSING, INC.,
Defendants.
MEMORANDUM AND ORDER
This matter comes before the Court on the plaintiff First Specialty Insurance
Corporation’s stipulation of dismissal without prejudice (Doc. 39) pursuant to Federal Rules of
Civil Procedure 41(a)(1)(A)(i) & (ii).
Pursuant to Federal Rule of Civil Procedure 41(a)(1)(A)(i), plaintiff may dismiss
defendants by filing “a notice of dismissal before the opposing party serves either an answer or a
motion for summary judgment.” 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.” Here, defendants Superior Processing, Inc. and Southern
Minerals, Inc. have not appeared in this case. Defendants Mike Dover Corporation, Amanda J.
Stacey, and the Estate of Jason E Stacey have stipulated to the dismissal.

Because plaintiff has

an absolute right to dismiss this case pursuant to a notice and stipulation under Rules
41(a)(1)(A)(i) & (ii), the Court finds that the claims against all defendants are DISMISSED

without prejudice. As no parties remain in the present case, the Court DIRECTS the Clerk of
Court to close this case.

IT IS SO ORDERED.
DATED: October 25, 2012
s/ J. Phil Gilbert
J. PHIL GILBERT
DISTRICT JUDGE

2