United States of America et al v. Vitale et al

Filing 10

MEMORANDUM AND ORDER DISMISSING CASE without prejudice. Signed by Judge J. Phil Gilbert on 7/15/2014. (jdh)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ILLINOIS
UNITED STATES OF AMERICA,
Plaintiff,
vs.
ANTHONY VITALE a/k/a TONY VITALE,
DESHAUNA LAMPLEY a/k/a
DESHAUNA GIMM, BENEFICIAL
ILLINOIS, INC., and ERIE INSURANCE
COMPANY,
Defendants.

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Civil No. 14-cv-339-JPG-DGW

MEMORANDUM AND ORDER
This matter comes before the Court on the Notice of Dismissal (Doc. 9) pursuant to
Federal Rule of Civil Procedure 41(a)(1)(i) filed by plaintiff United States of America. Rule
41(a)(1)(i) allows dismissal of an action by a Plaintiff without a court order at any time before
service by an adverse party of an answer or of a motion for summary judgment, whichever first
occurs. The defendants have not filed an answer or motion for summary judgment in this case.
Because the plaintiff has an absolute right to dismiss this case at the present time, the Court finds
that this action is DISMISSED without prejudice and DIRECTS the Clerk of Court to close
this case.
IT IS SO ORDERED.
DATED: July 15, 2014
s/ J. Phil Gilbert
J. PHIL GILBERT
DISTRICT JUDGE