Lewis v. Advance America, Cash Advance Centers of Illinois, Inc.

Filing 32

MEMORANDUM AND ORDER, granting 31 MOTION to Amend/Correct 30 Memorandum & Order Dismissing Case filed by Mark A. Lewis. The Court finds that this action is dismissed without prejudice. Signed by Judge J. Phil Gilbert on 4/30/2014. (jdh)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ILLINOIS
MARK A. LEWIS, individually and on behalf
of all other similarly situated,
Plaintiff,
v.
ADVANCE AMERICA, CASH ADVANCE
CENTERS OF ILLINOIS, INC.,
Defendant.

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Case No.: 13-cv-942-JPG-SCW

MEMORANDUM AND ORDER
This matter comes before the Court on the motion to alter or amend pursuant to Federal
Rule of Civil Procedure 59(e) filed by plaintiff Mark A. Lewis (Doc. 31). Lewis asks the Court
to amend its April 15, 2014, order finding this case dismissed with prejudice. Lewis intended to
dismiss this case by notice without prejudice, although he did not so specify in that notice.
Because Lewis had an absolute right to dismiss this case with or without prejudice at the time of
his notice, the Court GRANTS the motion to alter or amend (Doc. 31) and finds that this action
is DISMISSED without prejudice.
IT IS SO ORDERED.
DATED: April 30, 2014
s/J. Phil Gilbert
J. Phil Gilbert
United States District Judge