Gray et al v. Enhanced Recovery Company, LLC

Filing 5

MEMORANDUM AND ORDER DISMISSING CASE. Clerk of Court to close this case. Signed by Judge J. Phil Gilbert on 7/8/13. (bkl)

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IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF ILLINOIS ROSLYN GRAY and KENNETH GRAY, Plaintiffs, vs. Case No. 13-cv-479-JPG-DGW ENHANCED RECOVERY COMPANY, LLC, Defendant. MEMORANDUM AND ORDER This matter comes before the Court on plaintiffs’ notice of voluntary dismissal (Doc. 4). Pursuant to Federal Rule of Civil Procedure 41(a)(1)(A)(i), a plaintiff may dismiss a cause of action without a court order by filing a notice before the defendant files either an answer or a motion for summary judgment. Here, defendant has filed neither an answer nor a motion for summary judgment. Accordingly, this case is DISMISSED and the Court DIRECTS the Clerk of Court to close this case. IT IS SO ORDERED. DATED: July 8, 2013 s/ J. Phil Gilbert J. PHIL GILBERT DISTRICT JUDGE

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