Butler et al v. Wells Fargo Bank, N.A. et al

Filing 57

ORDER DISMISSING CASE. Signed by Judge David R. Herndon on 1/22/15. (lmp)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ILLINOIS

THOMAS BUTLER and
KIMBERLY BUTLER,
individually and on behalf of
all other similarly situated
Plaintiffs,
v.
WELLS FARGO BANK, N.A.,
WELLS FARGO INSURANCE CO.,
QBE INSURANCE CORPORATION,
and FIRST INSURANCE AGENCY, INC.,

No. 13-cv-1057-DRH-SCW

Defendants.
ORDER
This cause comes before the Court pursuant to a Notice of Voluntary
Dismissal (Doc. 56) filed by the parties under FEDERAL RULE
41(a)(1)(A)(ii).

OF

CIVIL PROCEDURE

Although plaintiffs’ complaint alleged claims on behalf of both

nationwide and state-specific classes of plaintiffs, the Court failed to certify any
class in this case. 1 Accordingly, it is hereby ORDERED that this case is
DISMISSED WITH PREJUDICE and WITHOUT COSTS. The claims of the

1

Having not certified a class of plaintiffs in this action under FED. R. CIV. P. 23(b)(3), the
parties need not seek the Court’s approval of their settlement, voluntary dismissal, or
compromise. See FED. R. CIV. P. 23(e).
Page 1 of 2

putative class members are hereby DISMISSED WITHOUT PREJUDICE.

The

Clerk of the Court is DIRECTED to enter judgment in this case accordingly.
IT IS SO ORDERED.
Signed this 22nd day of January, 2015.

Digitally signed by
David R. Herndon
Date: 2015.01.22
11:47:27 -06'00'
United States District Judge

Page 2 of 2