Schaefer v. Healthport Technologies LLC

Filing 27

ORDER re 17 Notice of Voluntary Dismissal filed by Stephen Schaefer. All individual claims and allegations brought by Stephen Schaefer are hereby DISMISSED WITHOUT PREJUDICE and WITHOUT COSTS.The claims and allegations of Plaintiffs Stefanie Gentles, Richard Messerly, Gregg Brown, and David Bair remain. Signed by Judge David R. Herndon on 5/18/15. (lmp)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ILLINOIS
STEPHEN SCHAEFER,
STEFANIE GENTLES,
RICHARD MESSERLY,
GREGG BROWN, and
DAVID BAIR, individually and
on behalf of all others similarly
situated,
Plaintiffs,
v.
HEALTHPORT TECHNOLOGIES, LLC,
Defendant.

No. 3:15-cv-69-DRH-DGW
ORDER

This cause comes before the Court pursuant to a Notice of Voluntary
Dismissal (Doc. 17) without prejudice and without costs filed by plaintiff Stephen
Schaefer pursuant to FEDERAL RULES

OF

CIVIL PROCEDURE 41(a). Although

plaintiffs’ complaint alleged claims on behalf of a specific class of plaintiffs, the
Court has not certified any class in this case. 1
Plaintiff has advised the Court that current health concerns adversely
affect his ability to serve as an adequate class representative at this time. He
requests that the Court toll the one-year refiling limitation for purpose of his

1

Having not certified a class of plaintiffs in this action under FED. R. CIV. P. 23(b)(3), the
parties need not seek the Court’s approval of their settlement, voluntary dismissal, or
compromise. See FED. R. CIV. P. 23(e).

participation in this matter as an unnamed class member. Defendant filed no
objection. 2
Accordingly, it is hereby ORDERED that all individual claims and
allegations brought by Stephen Schaefer are hereby DISMISSED WITHOUT
PREJUDICE and WITHOUT COSTS. Furthermore, the one-year re-filing
limitation in this matter is hereby tolled for the purpose of plaintiff’s participation
as an unnamed class member. The claims and allegations of Plaintiffs Stefanie
Gentles, Richard Messerly, Gregg Brown, and David Bair remain.
IT IS SO ORDERED.
Signed this 18th day of May, 2015.

Digitally signed by
David R. Herndon
Date: 2015.05.18
11:47:54 -05'00'
United States District Judge

Defendant Healthport Technologies, LLC referenced Plaintiff Schaefer’s voluntary dismissal in
their April 17,2015, motion to dismiss. (Doc. 24, p. 1 at FN. 1).
2