Graham et al v. A.W. Chesterton Company et al

Filing 126

ORDER re 116 Stipulation of Dismissal filed by Joy Technologies Inc, Rendering as moot 64 MOTION to Dismiss for Lack of Subject Matter Jurisdiction filed by Joy Technologies Inc. Joy Technologies Inc terminated. Signed by Magistrate Judge Stephen C. Williams on 2/27/14. (amv)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ILLINOIS
DONALD GRAHAM and ROSEMARY
GRAHAM
Plaintiffs,
vs.
A.W. CHESTERTON COMPANY et. al.,

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Case No. 13–cv–1219–SCW

ORDER
WILLIAMS, Magistrate Judge:
Before the Court is Plaintiff’s Stipulation of Dismissal of Defendant Joy Global
Underground Mining LLC f.k.a. Joy Technologies LLC, (Doc. 116).
The Federal Rules of Civil Procedure permit a plaintiff to voluntarily dismiss claims without
a court order by filing a stipulation for dismissal signed by all parties who have appeared. Fed. R.
Civ. P. 41(a)(1)(A). The parties have entered such a stipulation, and further indicated that the
dismissal will be without prejudice. (Doc. 116). The case against the Joy Global Underground
Mining is therefore DISMISSED without prejudice pursuant to Federal Rule 41(a)(1). All parties
shall bear their own costs. Additionally, that Defendant’s currently pending Motion to Dismiss for
Lack of Subject Matter Jurisdiction (Doc. 64) is now MOOT.
For the foregoing reasons, the Clerk of the Court is DIRECTED to DISMISS Joy Global
Underground Mining LLC, f.k.a. Joy Technologies LLC without prejudice pursuant to Doc. 116,
Stipulation for Dismissal. Additionally, that Defendant’s Motion to Dismiss for Lack of Subject
Matter Jurisdiction (Doc. 64) is MOOT.

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IT IS SO ORDERED.
DATE: February 27, 2014

/s/ Stephen C. Williams
STEPHEN C. WILLIAMS
United States Magistrate Judge

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