Charles v. Gaetz et al

Filing 48

MEMORANDUM AND ORDER, Granting 46 MOTION in Stipulation filed by Craig Charles. The Court dismisses count 2 against Shah without prejudice and directs the Clerk of Court to enter judgment accordingly at the close of the case.Signed by Judge J. Phil Gilbert on 11/14/2013. (jdh)

UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ILLINOIS
CRAIG CHARLES,
Plaintiff,
v.

Case No. 13-cv-284-JPG-PMF

DONALD GAETZ, VIPIN K. SHAH,
CHRISTIE BROWN, K. DEEN and JACKIE
MILLER,
Defendants.
MEMORANDUM AND ORDER
This matter comes before the Court on plaintiff Craig Charles’ “Motion in Stipulation”
(Doc. 46), which the Court construes as a motion to dismiss Count 2 against defendant Vipin K.
Shah pursuant to Federal Rule of Civil Procedure 41(a)(2). Shah has responded to the motion
stating he has no objection to dismissal of Count 2 against him (Doc. 47). Rule 41(a)(2) provides
that only the Court may dismiss an action after an adverse party has filed an answer or motion for
summary judgment and in the absence of a stipulation of dismissal of an entire case signed by all
the parties. The Court having reviewed the file and there being no objection from Shah to
granting the motion, the Court:


GRANTS the motion (Doc. 46);



DISMISSES Count 2 against Shah without prejudice; and



DIRECTS the Clerk of Court to enter judgment accordingly at the close of the case.

IT IS SO ORDERED.
DATED: November 14, 2013
s/J. Phil Gilbert
J. PHIL GILBERT
DISTRICT JUDGE