Vanhoose v. Stark et al

Filing 40

MEMORANDUM AND 60 DAY ORDER, granting 38 MOTION to Dismiss filed by Bradley Vanhoose. Christie Rasmussen (individually), Chris Flynn (individually) and David W. Hornacek, Jr. (individually) are dismissed with prejudice. Judgment to enter 1/23/2015. Signed by Judge J. Phil Gilbert on 11/19/2014. (jdh)

UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ILLINOIS
BRADLEY VANHOOSE,
Plaintiff,
v.

Case No. 14-cv-416-JPG-PMF

MICHAEL STARK, CHRIS FLYNN, DAVID W.
HORNACEK, JR. and CHRISTIE RASMUSSEN,
Defendants.
MEMORANDUM AND ORDER
AND 60-DAY ORDER
This matter comes before the Court on the motion to voluntarily dismiss defendants Chris
Flynn, David W. Hornacek, Jr. and Christie Rasmussen with prejudice pursuant to Federal Rule of
Civil Procedure 41(a)(2) filed by plaintiff Bradley Vanhoose (Doc. 38). Rule 41(a)(2) provides
that only the Court may dismiss an action after an adverse party has filed an answer or motion for
summary judgment and in the absence of a stipulation of dismissal of an entire case signed by all
the parties. The Court finds no reason to deny the plaintiff’s request since dismissal will be with
prejudice. Accordingly, the Court GRANTS the motion (Doc. 38) and DISMISSES defendants
Chris Flynn, David W. Hornacek, Jr. and Christie Rasmussen with prejudice.
Having been advised by counsel for the parties that the remaining claims in the above
action have settled but that additional time is needed to consummate the settlement, the Court
DIRECTS the Clerk of Court to enter judgment of dismissal of the entire with prejudice and
without costs 60 days from the date of this order. Should the parties fail to consummate
settlement within 60 days, they may petition the Court to delay entry of judgment until a later date.
In light of the settlement, the Court DENIES all motions pending in this case as moot and
VACATES all court dates in this case.
IT IS SO ORDERED.
DATED: November 19, 2014
s/J. Phil Gilbert
J. PHIL GILBERT
DISTRICT JUDGE