Holmes v. Construction Turnaround Services et al

Filing 47

MEMORANDUM AND ORDER, The Court finds that Count IV is DISMISSED without prejudice and DIRECTS the Clerk of Court to enter judgment accordingly at the close of the case. May is terminated as a party to this case. This dismissal further renders MOOT May's motion to dismiss (Doc. 6 ) and motion to stay discovery (Doc. 41 ). Signed by Judge J. Phil Gilbert on 4/24/2017. (jdh)

UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ILLINOIS
EDWARD HOLMES,
Plaintiff,
v.

Case No. 16-cv-1338-JPG-DGW

CONSTRUCTION TURNAROUND
SERVICES, DON SCHEXNIDER, GRANT
DALTON and AARON MAY,
Defendants.
MEMORANDUM AND ORDER
This matter comes before the Court on plaintiff Edward Holmes’ motion to voluntarily
dismiss Count IV, the only count against defendant Aaron May, without prejudice (Doc. 46).
The Court construes the motion as a notice of dismissal pursuant to Federal Rule of Civil
Procedure 41(a)(1)(A)(i). 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. May has not served an answer or motion for summary judgment in this case. Because
the plaintiff has an absolute right to dismiss Count IV against May at the present time, the Court
finds that Count IV is DISMISSED without prejudice and DIRECTS the Clerk of Court to
enter judgment accordingly at the close of the case. May is terminated as a party to this case.
This dismissal further renders MOOT May’s motion to dismiss (Doc. 6) and motion to stay
discovery (Doc. 41).
IT IS SO ORDERED.
DATED: April 24, 2017
s/ J. Phil Gilbert
J. PHIL GILBERT
DISTRICT JUDGE