Venice Properties, LLC v. United States of America et al

Filing 15

MEMORANDUM AND ORDER, The Court DISMISSES this case without prejudice pursuant to Rule 41(a)(2) and DIRECTS the Clerk of Court to terminate all pending motions and close this case. Signed by Judge J. Phil Gilbert on 2/11/2015. (jdh)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ILLINOIS
VENICE PROPERTIES, LLC d/b/a
VENICE FOOD MART,
Plaintiff,
v.
UNITED STATES OF AMERICA,
U.S. DEPARTMENT OF AGRICULTURE,
FOOD AND NUTRITION SERVICE
Defendant.

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Case No. 3:14-cv-542-JPG-SCW

MEMORANDUM AND ORDER
This matter comes before the Court on plaintiff Venice Properties, LLC’s response to the
Court’s January 13, 2015, order to show cause why the Court should not construe its failure to
timely respond to the defendant’s motion for summary judgment as an admission of the merits of
the motion and grant summary judgment in the defendant’s favor (Doc. 14). In its response,
Venice Properties, LLC, asks the Court to dismiss this case without prejudice pursuant to Federal
Rule of Civil Procedure 41(a)(2). 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 defendant
has not formally responded to the plaintiff’s request, but it has indicated in an e-mail to the Court
that it has no objection to dismissal of this case without prejudice. In the absence of objection
from the defendant, the Court DISMISSES this case without prejudice pursuant to Rule 41(a)(2)
and DIRECTS the Clerk of Court to terminate all pending motions and close this case.
IT IS SO ORDERED.
Signed this 11th day of February, 2015.
s/J. Phil Gilbert
J. PHIL GILBERT
DISTRICT JUDGE