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)

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).