Shewmake v. AERCO International, Inc. et al

Filing 707

ORDER re #609 Stipulation of Dismissal filed by Helen Pearl Shewmake, #648 Stipulation of Dismissal filed by Helen Pearl Shewmake, #616 Stipulation of Dismissal filed by Helen Pearl Shewmake, #618 Stipulation of Dismissal filed by Helen Pearl Shewmake, #632 Stipulation of Dismissal filed by Helen Pearl Shewmake, #640 Stipulation of Dismissal filed by Helen Pearl Shewmake, #605 Stipulation of Dismissal filed by Helen Pearl Shewmake, #641 Stipulation of Dismissal filed by Helen Pearl Shewmake, #637 Stipulation of Dismissal filed by Helen Pearl Shewmake, #620 Stipulation of Dismissal filed by Helen Pearl Shewmake, #611 Stipulation of Dismissal filed by Helen Pearl Shewmake, #627 Stipulation of Dismissal filed by Helen Pearl Shewmake, #652 Stipulation of Dismissal filed by Helen Pearl Shewmake, #635 Stipulation of Dismissal filed by Helen Pearl Shewmake, #623 Stipulation of Dismissal filed by Helen Pearl Shewmake, #647 Stipulation of Dismissal filed by Helen Pearl Shewmake, #650 Stipulation of Dismissal filed by Helen Pearl Shewmake, #642 Stipulation of Dismissal filed by Helen Pearl Shewmake, #621 Stipulation of Dismissal filed by Helen Pearl Shewmake, #639 Stipulation of Dismissal filed by Helen Pearl Shewmake, #630 Stipulation of Dismissal filed by Helen Pearl Shewmake, #645 Stipulation of Dismissal filed by Helen Pearl Shewmake, #651 Stipulation of Dismissal filed by Helen Pearl Shewmake, #638 Stipulation of Dismissal filed by Helen Pearl Shewmake, #613 Stipulation of Dismissal filed by Helen Pearl Shewmake, #614 Stipulation of Dismissal filed by Helen Pearl Shewmake, #628 Stipulation of Dismissal filed by Helen Pearl Shewmake, #622 Stipulation of Dismissal filed by Helen Pearl Shewmake, #608 Stipulation of Dismissal filed by Helen Pearl Shewmake, #612 Stipulation of Dismissal filed by Helen Pearl Shewmake, #626 Stipulation of Dismissal filed by Helen Pearl Shewmake, #619 Stipulation of Dismissal filed by Helen Pearl Shewmake, #625 Stipulation of Dismissal filed by Helen Pearl Shewmake, #624 Stipulation of Dismissal filed by Helen Pearl Shewmake, #633 Stipulation of Dismissal filed by Helen Pearl Shewmake, #631 Stipulation of Dismissal filed by Helen Pearl Shewmake, #629 Stipulation of Dismissal filed by Helen Pearl Shewmake, #634 Stipulation of Dismissal filed by Helen Pearl Shewmake, #606 Stipulation of Dismissal filed by Helen Pearl Shewmake, #615 Stipulation of Dismissal filed by Helen Pearl Shewmake, #617 Stipulation of Dismissal filed by Helen Pearl Shewmake, #646 Stipulation of Dismissal filed by Helen Pearl Shewmake, #643 Stipulation of Dismissal filed by Helen Pearl Shewmake, #607 Stipulation of Dismissal filed by Helen Pearl Shewmake. Signed by Magistrate Judge Stephen C. Williams on 6/20/14. (amv)

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IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF ILLINOIS HELEN PEARL SHEWMAKE, individually and as Special Administrator for the Estate of ELIC DAVID SHEWMAKE, Plaintiff, vs. AERCO International, Inc., et al., ) ) ) ) ) ) ) ) ) Case No. 13-cv-1223-SCW Defendants. MEMORANDUM AND ORDER WILLIAMS, Magistrate Judge: Before the Court are stipulations of dismissals against various Defendants filed by Plaintiff Helen Pearl Shewmake. Specifically, Shewmake has filed stipulations of dismissals for Defendants AERCO International, Inc. (Doc. 605), Ajax Magnethermic Corp. (Doc. 606), A.O. Smith Corporation (Doc. 607), API Heat Transfer, Inc. (Doc. 608), Beazer East Inc., (Doc. 609), Bechtel Construction (Doc. 611), Betchel Corporation (Doc. 612) Bonney Forge Corp. (Doc. 613), Brand Insulations, Inc. (Doc. 614), Carboline Company (Doc. 615), Chicago Bridge & Iron Company (Doc. 616), Columbia Boiler Co. (Doc. 617), Compudyne Corp. (Doc. 618), Dewitt Products, Co. (Doc. 619), Ferro Engineering (Doc. 620), Graybar Electric Company (Doc. 621), Grimes Aerospace Corp (Doc. 622), Homasote Company (Doc. 623), Honeywell, Inc. (Doc. 624), Johnson Controls Inc. (Doc. 625), Johnston Boiler Company (Doc. 626), Kvaerner U.S., Inc. (Doc. 627), Lattner Boiler Company (Doc. 628), Lindberg (Doc. 629), Milwaukee Valve Company (Doc. 630), Plastics Engineering Company (Doc. 631), Research Cottrell, Inc. (Doc. 632), Rheem Manufacturing (Doc. 633), Rockwell Automation, Inc. (Doc. 634), Seco Warwick Corp. (Doc. 635), Superior Boiler Works, Inc. (Doc. 637), Thermo Fisher Scientific, Inc. (Doc. 638), Thermwell Products Co., Inc. (Doc. 639), Universal Refractories, Inc. (Doc. 640), Vanderbilt Minerals LLC (Doc. 641), XEF, Inc., f/k/a Electric Furnace (Doc. 642), Young Group LTD (Doc. 643), Baltimore Aircoil Co. (Doc. 645), Daniel International Corp. (Doc. 646), Fluor Constructors International, Inc. (Doc. 647), Fluor Corp. (Doc. 648), Fluor Daniel Illinois, Inc. (Doc. 650), Fluor Enterprises, Inc. (Doc. 651), and Whiting Corp. (Doc. 652). Although Plaintiff labeled his filings as a stipulation of dismissal pursuant to Federal Rule of Civil Procedure 41(a)(1)(A)(ii), Plaintiff’s stipulation is not signed by the Defendants as required by the rule. Thus, the Court must construe Plaintiff’s filing as a motion for dismissal under Rule 41(a)(2). Although construed as a motion for dismissal, Plaintiff notes in his motions that the various Defendants each agree to the dismissal without prejudice. As the parties agree to the dismissal, the Court GRANTS the stipulations of dismissal, which this Court construes as motions to dismiss, and DISMISSES without prejudice Plaintiff’s claims against the above listed Defendants. IT IS SO ORDERED. DATED: June 20, 2014. /s/ Stephen C. Williams STEPHEN C. WILLIAMS United States Magistrate Judge Page 2 of 2

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