Knasinski et al v. Air & Liquid System Corporation et al

Filing 264

MEMORANDUM AND ORDER, Plaintiffs' Stipulation of Dismissal as to Defendant Burnham LLC (Doc. 258 ); Notice of Dismissal as to Defendant Burnham LLC (Doc. 257 ); Plaintiffs' Stipulation of Dismissal as to Defendant Cleaver-Brooks Inc. (Doc . 260 ); Notice of Dismissal as to Defendant Cleaver-Brooks Inc. (Doc. 259 ); Plaintiffs' Stipulation of Dismissal as to Defendant Velan Valve Corps. (Doc. 262 ); and Notice of Dismissal as to Defendant Velan Vale Corps. (Doc. 261 ) are STRICKEN. Signed by Judge J. Phil Gilbert on 10/29/2014. (jdh)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ILLINOIS
JEROME KNASINSKI and
JANET KNASINSKI,
Plaintiffs,
vs.
AIR & LIQUID SYSTEMS
CORPORATION, a/k/a BUFFALO
PUMPS, INC., et. al.,
Defendants.

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Case No. 3:14-cv-00399-JPG-SCW

MEMORANDUM AND ORDER
This matter coming before the Court on Plaintiffs' Stipulation of Dismissal as to
Defendant Burnham LLC (Doc. 258); Notice of Dismissal as to Defendant Burnham LLC (Doc.
257); Plaintiffs' Stipulation of Dismissal as to Defendant Cleaver-Brooks Inc. (Doc. 260); Notice
of Dismissal as to Defendant Cleaver-Brooks Inc. (Doc. 259); Plaintiffs' Stipulation of Dismissal
as to Defendant Velan Valve Corps. (Doc. 262); and Notice of Dismissal as to Defendant Velan
Vale Corps. (Doc. 261) pursuant to Fed.R.Civ.P. 41(a)(1)(A)(i) and 41(a)(1)(A)(ii).
Federal Rule of Civil Procedure 41(a)(1)(A) provides that a plaintiff may voluntary
dismiss an action without a court order by filing:
"(i) a notice of dismissal before the opposing party serves either an answer or a motion
for summary judgment; or
(ii) a stipulation of dismissal signed by all parties who have appeared."
It is noted that the Plaintiffs filed both a notice and stipulation – neither of which is
sufficient under Fed.R.Civ.P. 41(a)(1)(A). Under Fed.R.Civ.P. 41(a)(1)(A)(i), the notice of
dismissal must be submitted prior to the opposing party filing either an answer or a motion for
summary judgment. Defendants Velan Valve Corp., Burnham LLC, and Cleaver-Brooks filed

Answers to Complaint on April 21, 2014 (Doc. 94). As such, the notice of dismissal was not file
prior to the Defendants filing answers.
A stipulation for dismissal Fed.R.Civ.P. 41(a)(1)(A)(ii) is required to be signed by all
parties who have appeared. Plaintiffs' Stipulations against the Defendants is only signed by the
Plaintiffs.
As such, Plaintiffs' Stipulation of Dismissal as to Defendant Burnham LLC (Doc. 258);
Notice of Dismissal as to Defendant Burnham LLC (Doc. 257); Plaintiffs' Stipulation of
Dismissal as to Defendant Cleaver-Brooks Inc. (Doc. 260); Notice of Dismissal as to Defendant
Cleaver-Brooks Inc. (Doc. 259); Plaintiffs' Stipulation of Dismissal as to Defendant Velan Valve
Corps. (Doc. 262); and Notice of Dismissal as to Defendant Velan Vale Corps. (Doc. 261) are
STRICKEN.
It is noted that the Plaintiffs can proceed with a Motion for Dismissal against these
Defendants pursuant to Fed.R.Civ.P. 41(a)(2).
The Court also notes that Plaintiffs' Response (Doc. 256) to Show Cause Order (Doc.
239) states that Defendants Georgia-Pacific LLC, Ingersoll-Rand Company and Trane U.S. Inc.
Motion (Doc. 34) for a More Definite State and FRCP 12(B0(6) Motion to Dismiss Count V
should be denied as moot based upon a "stand-down agreement." Defendants Georgia-Pacific
LLC, Ingersoll-Rand Company and Trane U.S. Inc. can Motion to Withdraw or Stay the Court's
consideration of the motion, but the Court cannot deem the motion moot until the claims against
these defendants are resolved or a proper motion is before the Court.
IT IS SO ORDERED.
DATED: 10/29/2014

s/J. Phil Gilbert
J. PHIL GILBERT
DISTRICT JUDGE