Barr et al v. Arvinmeritor, Inc. et al

Filing 31

MEMORANDUM AND ORDER DISMISSING CASE without prejudice, Granting 30 MOTION to Dismiss Under Rule 41 filed by Thomas A. Barr. Clerk of Court to close this case, each party to bear its own costs. Signed by Judge J. Phil Gilbert on 8/19/13. (bkl)

UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ILLINOIS
THOMAS A. BARR and DIANE BARR,
Plaintiffs,
v.
ARVINMERITOR, INC., et al.
Defendants.

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No. 13-cv-700-JPG-PMF

MEMORANDUM AND ORDER
This matter comes before the Court on the Motion for Voluntary Dismissal Under Rule 41
filed by the plaintiffs and signed by all defendants who have appeared (Doc. 30). The Court
construes the motion as a notice of dismissal pursuant to Federal Rule of Civil Procedure
41(a)(1)(A)(i) as to the defendants who have not answered or filed a motion for summary
judgment and as a stipulation of dismissal pursuant to Federal Rule of Civil Procedure
41(a)(1)(A)(ii) as to the defendants who have appeared. Rule 41(a)(1)(A)(i) allows a plaintiff to
dismiss an action against a defendant without a court order at any time before the opposing
party serves an answer or a motion for summary judgment. Rule 41(a)(1)(A)(ii) allows
dismissal by a plaintiff without a court order by filing a stipulation signed by all parties who have
appeared.
This filing effectively terminates this case. Therefore, the Court finds that this action is
DISMISSED without prejudice and DIRECTS the Clerk of Court to close this case, each party to
bear its own costs.
IT IS SO ORDERED.
DATED: August 19, 2013

s/J. Phil Gilbert
J. PHIL GILBERT
DISTRICT JUDGE