Dupont et al v. Freight Feeder Aircraft Corporation, Inc. et al

Filing 76

MEMORANDUM AND ORDER, The Court finds that this action against R. Darby Boland, Stephen Carmichael, H. Cliff Saylor, Edward F. Eaton and Will Weeks are DISMISSED without prejudice and DIRECTS the Clerk of Court to enter judgment accordingly at the close this case. Signed by Judge J. Phil Gilbert on 4/28/2014. (jdh)

IN THE UNITED STATES DISTRICT COURT FOR THE
SOUTHERN DISTRICT OF ILLINOIS
JOHN J. DUPONT et al.,
Plaintiffs,
v.
FREIGHT FEEDER AIRCRAFT
CORPORATION, INC.et al.,
Defendants.

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No.

13-cv-256 JPG/DGW

MEMORANDUM AND ORDER
This matter comes before the Court on the Notice of Voluntary Dismissal of defendants
R. Darby Boland, Stephen Carmichael, H. Cliff Saylor, Edward F. Eaton and Will Weeks (Doc.
75) pursuant to Federal Rule of Civil Procedure 41(a)(1)(A)(i) filed by plaintiffs. 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 sought to
be dismissed have not served an answer or motion for summary judgment in this case. Because
the plaintiffs have an absolute right to dismiss this case against these defendants at the present
time, the Court finds that this action against R. Darby Boland, Stephen Carmichael, H. Cliff
Saylor, Edward F. Eaton and Will Weeks are DISMISSED without prejudice and DIRECTS
the Clerk of Court to enter judgment accordingly at the close this case.
DATED: April 28, 2014

s/ J. Phil Gilbert
UNITED STATES DISTRICT JUDGE