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

Filing 396

ORDER, granting 382 without prejudice MOTION to Dismiss for Voluntary Dismissal of Defendant Aldrich Pump Company filed by Janet Knasinski, Jerome Knasinski. Signed by Judge J. Phil Gilbert on 7/1/2015. (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

ORDER
This matter comes before the Court on Plaintiffs’ Motion for Voluntary Dismissal as to
Defendant Aldrich Pump Company (Doc. 382) pursuant to Federal Rule of Civil Procedure
41(a)(1)(A). Federal Rule of Civil Procedure 41(a)(1)(A) provides that a plaintiff may voluntarily
dismiss an action without a court order by filing a notice of dismissal before the opposing party
serves either an answer or a motion for summary judgment.
Plaintiffs have filed a Motion, not a Notice, and as such, the Court will interpret it as a
Motion under Federal Rule of Civil Procedure 41(a)(2) which allows dismissal under terms the Court
deems proper.

As Plaintiffs’ have motioned for dismissal of Defendant Aldrich Pump Company

and there being no objection filed, the Court finds the terms proper.
Plaintiffs’ Motion for Voluntary Dismissal as to Defendant Aldrich Pump Company (Doc.
382) is GRANTED and Defendant Aldrich Pump Company, only, is DISMISSED without prejudice
and without cost to either party.

IT IS SO ORDERED.
DATED: 7/1/2015

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