Montileone et al v. Aamco Transmissions, Inc et al

Filing 42

MEMORANDUM AND ORDER. Signed by Judge J. Phil Gilbert on 4/8/2014. (jdh)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ILLINOIS
TIMOTHY MONTILEONE, RICK A.
FIRMAND, THOMAS W. FURLONG, JR.,
KEVIN BLADOW and CLAYTON
THYGERSON, Individually and on behalf of all
others similarly situated,
Plaintiffs,
Case No. 13-cv-1217-JPG-SCW

vs.
AAMCO TRANSMISSION, INC., AMERICAN
CAPITAL, LTD, AMERICAN DRIVELINE
SYSTEMS, INC., AMERICAN DRIVELINE
CENTERS, INC., MALON WILKUS, BRET
BERO, MARC GRAHAM, MIKE SUMSKY,
BRIAN O’DONNELL, TODD LEFF and
KEITH MORGAN,
Defendants.

MEMORANDUM AND ORDER
This matter comes before the Court on plaintiffs’ stipulation of dismissal (Doc. 40) 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, the remaining
defendants have filed neither an answer nor a motion for summary judgment. Accordingly, this case
is dismissed with prejudice against defendant Malon Wilkus and dismissed without prejudice against
the remaining defendants. The Court DENIES as moot the remaining motions in this case and
DIRECTS the Clerk of Court to close this case.
IT IS SO ORDERED.
DATED: April 8, 2014
s/ J. Phil Gilbert
J. PHIL GILBERT
DISTRICT JUDGE