Ally Bank et al v. Russ Darrow LLC et al

Filing 9

ORDER signed by Judge J.P. Stadtmueller on 4/20/2018: ADOPTING 8 Plaintiffs' Notice of Voluntary Dismissal and DISMISSING CASE with prejudice, each party to bear its own costs and fees. (cc: all counsel)(jm)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF WISCONSIN
ALLY BANK and
ALLY FINANCIAL INC.,
Plaintiffs,

Case No. 18-CV-435-JPS

v.

ORDER

RUSS DARROW LLC and
RUSSELL M. DARROW, JR.
Defendants.

On March 19, 2018, Plaintiffs filed this action. (Docket #1). There is
no evidence in the record that Defendants have been served, nor have they
appeared through counsel. On April 18, 2018, Plaintiffs filed a notice of
voluntary dismissal of this action with prejudice and without costs or
attorney’s fees to either party. (Docket #8). Because Defendants have not yet
served either an answer to the complaint or a motion for summary
judgment, the Court will adopt Plaintiffs’ notice. See Fed. R. Civ. P.
41(a)(1)(A)(i).
Accordingly,
IT IS ORDERED that Plaintiffs’ notice of voluntary dismissal
(Docket #8) be and the same is hereby ADOPTED; this action be and the
same is hereby DISMISSED with prejudice, each party to bear its own
costs and attorney’s fees.
Dated at Milwaukee, Wisconsin, this 20th day of April, 2018.
BY THE COURT:

____________________________________
J. P. Stadtmueller
U.S. District Judge