Cebulske v. Johnson & Johnson, et al

Filing 76

ORDER DISMISSING CASE without prejudice pursuant to #73 MOTION to Dismiss Without Prejudice and defendants' consent to dismissal filed at Docs. #74 and #75 . The Clerk of Court is directed to close the file. Signed by Judge David R. Herndon on 5/21/15. (lmp)

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IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF ILLINOIS LYNNE CEBULSKE, Plaintiff, v. JOHNSON & JOHNSON, JOHNSON &JOHNSON CONSUMER COMPANIES, INC., IMERYS TALC AMERICA, INC., f/k/a LUZENAC AMERICA, INC., and PERSONAL CARE PRODUCTS COUNCIL f/k/a COSMETIC, TOILETRY, AND FRAGRANCE ASSOCIATION (CTFA), No. 14-cv-627-DRH-SCW Defendants. ORDER HERNDON, District Judge: This matter is before the Court on Plaintiff Lynne Cebulske’s motion to voluntary dismiss her case without prejudice pursuant to FEDERAL RULE OF CIVIL PROCEDURE 41(a)(2) (Doc. 73). Rule 41(a)(2) provides that, in the absence of a stipulation of dismissal signed by all parties, only the Court may dismiss an action after an adverse party has filed an answer or motion for summary judgment. In this instant matter, defendants filed notices (Docs. 74 & 75) Page 1 of 2 consenting to dismissal of this case without prejudice. Accordingly, the Court DISMISSES this case without prejudice and DIRECTS the Clerk of Court to close the file. IT IS SO ORDERED. Signed this 21st day of May, 2015. Digitally signed by David R. Herndon Date: 2015.05.21 15:45:55 -05'00' United States District Judge Page 2 of 2

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