Hemmer et al v. Phillips 66 Company

Filing 37

MEMORANDUM AND ORDER, The Court GRANTS the motions to dismiss without prejudice (Docs. 35 & 36), DISMISSES this case without prejudice, and DIRECTS the Clerk of Court to enter judgment accordingly. Signed by Judge J. Phil Gilbert on 5/24/2018. (jdh)

UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ILLINOIS
JOE HEMMER and NICOLE HEMMER,
Plaintiffs,
v.

Case No. 16-cv-1386-JPG-SCW

PHILLIPS 66 COMPANY,
Defendant/Third-party Plaintiff,
v.
FEDERAL STEEL & ERECTION CO.,
Third-party Defendant.
MEMORANDUM AND ORDER
This matter comes before the Court on the plaintiffs’ written motion to voluntarily
dismiss their claims without prejudice (Doc. 35) and on the defendant/third-party plaintiff’s oral
motion to dismiss its third-party claims without prejudice (see Doc. 36). The motions are made
pursuant to Federal Rule of Civil Procedure 41(a)(2) and/or 41(c). Rule 41(a)(2) provides that
only the Court may dismiss an action after an adverse party has filed an answer or motion for
summary judgment and in the absence of a stipulation of dismissal of an entire case signed by all
the parties. At a status conference May 18, 2018, the parties confirmed that they had no
objection to the motions, which would result in dismissal of the entire case without prejudice. In
the absence of any objection, the Court:


GRANTS the motions to dismiss without prejudice (Docs. 35 & 36);



DISMISSES this case without prejudice; and



DIRECTS the Clerk of Court to enter judgment accordingly.

IT IS SO ORDERED.
DATED: May 24, 2018
s/ J. Phil Gilbert
J. PHIL GILBERT
DISTRICT JUDGE