A.S. v. E.H. et al

Filing 124

ORDER granting 123 Motion to Dismiss.This case is now closed. The Clerk of the Court is DIRECTED to enter judgment accordingly. Signed by Judge David R. Herndon on 1/25/17. (lmp)

Download PDF
IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF ILLINOIS AUBRIE SPINKA, Plaintiff, v. E.H., a minor, STEPHEN HAUSER, TARA HAUSER, JESSICA DRAKE, BENJAMIN HOWES, FREEBURG COMMUNITY HIGH SCHOOL DISTRICT NO. 77, O’FALLON TOWNSHIP HIGH SCHOOL DISTRICT NO. 203, Defendants. Case No. 14-cv-583-DRH-PMF ORDER HERNDON, District Judge: Pending before the Court is Plaintiff Aubrie Spinka’s motion to voluntary dismiss without prejudice the claims against Defendant E.H. pursuant to Fed.R.Civ.P. 41(a)(2) (Doc. 123). Defendant E.H filed no objection. 1 The determination of whether to grant a motion for voluntary dismissal rests within the sound discretion of the district court.” Tyco Labs., Inc. v. Koppers Co., Inc., 627 F.2d 54, 56 (7th Cir. 1980). Upon review of the motion, the Court shall grant the voluntary dismissal. Accordingly, the Court GRANTS the motion and DISMISSES without prejudice plaintiff’s claims against defendant E.H. This case is now closed. The 1 Defendant E.H. is the only remaining defendant to the present action. Clerk of the Court is DIRECTED to enter judgment in this case accordingly. 2 IT IS SO ORDERED. Signed this 25th day of January, 2017. Digitally signed by Judge David R. Herndon Date: 2017.01.25 16:34:43 -06'00' United States District Judge 2 The Court previously dismissed with prejudice all claims against defendants Stephen Hauser and Tara Hauser (Doc 117), Jessica Drake, Benjamin Howes (Docs. 120 & 121) and Freeburg Community High School District No. 77 (Doc. 121). The Court also previously dismissed for lack of jurisdiction plaintiff’s claims against O’Fallon Township High School District No. 203 (Doc. 90).

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.

Why Is My Information Online?