Tracy v. Vandergraph et al

Filing 31

MEMORANDUM AND ORDER, The Court GRANTS Everett's motion to dismiss (Doc. 13), DENIES plaintiff's motion for a voluntary dismissal (Doc. 21), DISMISSES WITHOUT PREJUDICE defendant Michael Everett, and DIRECTS the Clerk of Court to terminate Michael Everett as a defendant in this case. Signed by Judge J. Phil Gilbert on 3/26/2018. (jdh)

UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ILLINOIS
RACHEL R. TRACY,
Plaintiff,
v.

Case No. 3:17-cv-01379-JPG-DGW

AARON VANDERGRAPH, and MICHAEL
EVERETT,
Defendants.
MEMORANDUM AND ORDER
J. PHIL GILBERT, DISTRICT JUDGE
This matter comes before the Court on defendant Michael Everett’s motion to dismiss
(Doc. 13) and plaintiff Rachel Tracy’s motion for voluntary dismissal (Doc. 21). The complaint
in this case names Michael Everett as a defendant in Counts V, VI, and VII, but does not allege
any legal claims against him. Everett has accordingly moved to dismiss himself as a defendant.
(Doc. 13.) In response, the plaintiff has moved for a voluntary dismissal of defendant Everett
pursuant to Federal Rule of Civil Procedure 41(a)(2). (Doc. 21.) The response is effectively a
form of consent to Everett’s motion.
Accordingly, the Court GRANTS Everett’s motion to dismiss (Doc. 13), DENIES
plaintiff’s motion for a voluntary dismissal (Doc. 21), DISMISSES WITHOUT PREJUDICE
defendant Michael Everett, and DIRECTS the Clerk of Court to terminate Michael Everett as a
defendant in this case.
IT IS SO ORDERED.
DATED: MARCH 26, 2018
s/ J. Phil Gilbert
J. PHIL GILBERT
DISTRICT JUDGE