Northrop v. Above and Beyond Kitchens and Bath, LLC

Filing 76

MEMORANDUM AND ORDER, The Court finds the third-party complaints against Fresenius Medical Care are DISMISSED with prejudice. Signed by Judge J. Phil Gilbert on 8/25/2017. (jdh)

UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ILLINOIS
AMANDA NORTHROP,
Plaintiff,
v.

Case No. 3:16-cv-01185-JPG-DGW

ABOVE AND BEYOND KITCHENS AND BATH,
LLC, MODERN CONSTRUCTION CORPORATION,
and C. ROBERT CHERRY,
Defendants.
______________________________________
MODERN CONSTRUCTION CORPORATION, and C.
ROBERT CHERRY,
Third-Party Plaintiffs,
v.
FRESENIUS MEDICAL CARE,
Third-Party Defendant.

MEMORANDUM & ORDER
This matter comes before the Court on the Notice of Dismissals (Docs. 71, 73) pursuant
to Federal Rule of Civil Procedure 41(a)(1)(A)(i) filed by third-party plaintiffs Modern
Construction Corporation and C. Robert Cherry. Rule 41(a)(1)(A)(i) allows a plaintiff to dismiss
an action without a court order at any time before the opposing party serves an answer or a
motion for summary judgment. The third-party defendant—Fresenius Medical Care—has not
served an answer or motion for summary judgment in this case. Because Modern Construction
Corporation and C. Robert Cherry have an absolute right to dismiss their complaints at the
present time, the Court finds that these third-party complaints against Fresenius Medical Care are
DISMISSED with prejudice.
IT IS SO ORDERED.
DATED: August 25, 2017
s/ J. Phil Gilbert
J. PHIL GILBERT
DISTRICT JUDGE