Montileone et al v. Aamco Transmissions, Inc et al

Filing 18

MEMORANDUM AND ORDER, Granting 17 MOTION to Dismiss Defendant Keith Morgan filed by Thomas W Furlong, Jr, Rick A Firmand, Clayton Thygerson, Kevin Bladow, Timothy Montileone.Signed by Judge J. Phil Gilbert on 1/10/2014. (jdh)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ILLINOIS
TIMOTHY MONTILEONE, et al.,
Individually and on behalf of all others
similarly situated,
Plaintiffs,
Case No. 13-cv-1217-JPG-SCW
vs.
KEITH MORGAN, et al.,
Defendants.

MEMORANDUM AND ORDER
This matter comes before the Court on plaintiffs’ motion to dismiss without prejudice
defendant Keith Morgan (Doc. 17) which the Court construes as a notice of dismissal. Pursuant
to Federal Rule of Civil Procedure 41(a)(1)(A)(i) a plaintiff may dismiss a defendant without a
court order by filing “a notice of dismissal before the opposing party serves either an answer or a
motion for summary judgment.” Here, Morgan has filed neither an answer nor a motion for
summary judgment. Accordingly, the Court GRANTS plaintiffs’ motion (Doc. 17) and finds
that defendant Keith Morgan is DISMISSED from this case.

IT IS SO ORDERED.
DATED: January 10, 2014
s/ J. Phil Gilbert
J. PHIL GILBERT
DISTRICT JUDGE