Barnett v. Equifax Information Services, LLC et al

Filing 6

MEMORANDUM AND ORDER, re: 5 MOTION to Dismiss Defendant Comentiy Bank filed by Jackie Margene Barnett. Signed by Judge J. Phil Gilbert on 4/5/2017. (jdh)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ILLINOIS
JACKIE MARGENE BARNETT,
Plaintiff,
v.
EQUIFAX INFORMATION SERVICES, LLC
et al.,

Defendants.

)
)
)
)
) Case No.: 17-42 JPG/DGW
)
)
)

)
)
MEMORANDUM AND ORDER

This matter comes before the Court on plaintiff’s motion to dismiss defendant Comenity
Bank (Doc.5) which the Court construes 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. The defendant has not served an answer or motion for summary judgment
in this case. Because the plaintiff has an absolute right to dismiss this defendant at the present
time, the Court finds that defendant Comenity Bank is DISMISSED with prejudice and
DIRECTS the Clerk of Court to enter judgment accordingly at the close of the case.

DATED: April 5, 2017
s/ J. Phil Gilbert
UNITED STATES DISTRICT JUDGE