Aspen Specialty Insurance Company v. Metro East Title Corporation et al

Filing 25

MEMORANDUM AND ORDER, the Court finds that all claims in this case against defendant Marvin Steinke are DISMISSED without prejudice and DIRECTS the Clerk of Court to enter judgment accordingly at the close of the case. This voluntary dismissal renders MOOT defendant Marvin Steinkes motion to dismiss for failure to mediate (Doc. 19 ) and motion to stay (Doc. 20 ). Signed by Judge J. Phil Gilbert on 1/17/2014. (jdh)

UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ILLINOIS
ASPEN SPECIALITY INSURANCE COMPANY,
Plaintiff,
v.

Case No. 13-cv-1118-JPG-DGW

METRO EAST TITLE CORPORATION, KAREN
STEINKE, MARVIN STEINKE and WFG
NATIONAL TITLE INSURANCE COMPANY,
Defendants.
MEMORANDUM AND ORDER
This matter comes before the Court on the Notice of Voluntary Dismissal of all claims
against defendant Marvin Steinke (Doc. 23) pursuant to Federal Rule of Civil Procedure
41(a)(1)(A)(i) filed by plaintiff Aspen Specialty Insurance Company. 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. Defendant Marvin Steinke
has not served an answer or motion for summary judgment in this case. Because the plaintiff has
an absolute right to dismiss this case as against defendant Marvin Steinke at the present time, the
Court finds that all claims in this case against defendant Marvin Steinke are DISMISSED without
prejudice and DIRECTS the Clerk of Court to enter judgment accordingly at the close of the
case. This voluntary dismissal renders MOOT defendant Marvin Steinke’s motion to dismiss for
failure to mediate (Doc. 19) and motion to stay (Doc. 20).
IT IS SO ORDERED.
DATED: January 17, 2014
s/J. Phil Gilbert
J. PHIL GILBERT
DISTRICT JUDGE