Central Laborers Pension Fund et al v. George Jones Excavating, LLC

Filing 20

MEMORANDUM AND ORDER DISMISSING CASE. Signed by Judge J. Phil Gilbert on 11/12/2019. (jdh)

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UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF ILLINOIS CENTRAL LABORERS’ PENSION FUND, et al., Plaintiffs, v. GEORGE JONES EXCAVATING, LLC, Defendant. ) ) ) ) ) Case No.: 18-988 JPG/MAB ) ) ) ) MEMORANDUM AND ORDER This matter comes before the Court on plaintiff’s motion to dismiss (Doc.19), 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 case at the present time, the Court finds this case is DISMISSED with prejudice and DIRECTS the Clerk of Court to close this case. DATED: November 12, 2019 s/ J. Phil Gilbert UNITED STATES DISTRICT JUDGE

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