State Auto Property and Casualty Insurance Company v. Bi-State Garage Builders, LLC et al

Filing 8

MEMORANDUM AND ORDER DISMISSING CASE. Signed by Judge J. Phil Gilbert on 5/23/2018. (jdh)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ILLINOIS
STATE AUTO PROPERTY AND CASUALTY
INSURANCE COMPANY,

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)
)
)
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) Case No.: 18-1006 JPG/SCW
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)

Plaintiff,
v.
BI-STATE GARAGE BUILDERS, LLC, et al.,

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)

Defendants.

MEMORANDUM AND ORDER
This matter comes before the Court on the Notice of Dismissal (Doc. 7) pursuant to
Federal Rule of Civil Procedure 41(a)(1)(A)(i) filed by plaintiff. 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 defendants have 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 that this action is DISMISSED without prejudice
and DIRECTS the Clerk of Court to close this case.
DATED: May 23, 2018

s/ J. Phil Gilbert
UNITED STATES DISTRICT JUDGE