Bell v. Transunion, LLC
MEMORANDUM AND ORDER, The Court finds plaintiff's motion proper under Rule 41(a)(2) and DISMISSES this case. The Clerk of Court is DIRECTED to enter judgment accordingly. Signed by Judge J. Phil Gilbert on 12/6/2017. (jdh)
UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ILLINOIS
Case No. 3:17-cv-01019-JPG-SCW
MEMORANDUM & ORDER
J. PHIL GILBERT, DISTRICT JUDGE
This matter comes before the Court on the plaintiff’s motion for voluntary dismissal.
(Doc. 21.) The plaintiff does not state under which Federal Rule of Civil Procedure he brings his
motion, so the Court construes it under Rule 41(a)(2). That rule provides that only the Court may
dismiss an action on terms it considers proper when either (1) an adverse party has filed an
answer or motion for summary judgment, or (2) there is no stipulation of dismissal signed by all
Here, the plaintiff indicates that he believes the defendant is “being truthful” and that
there is “no point” in continuing the litigation. And at the hearing in front of Magistrate Judge
Williams on December 1, 2017, the defendant indicated that it had no objection to plaintiff’s
motion to dismiss with each party to bear its own costs. Accordingly, the Court finds plaintiff’s
motion proper under Rule 41(a)(2) and DISMISSES this case. The Clerk of Court is
DIRECTED to enter judgment accordingly.
IT IS SO ORDERED.
DATED: DECEMBER 6, 2017
s/ J. Phil Gilbert
J. PHIL GILBERT
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