ROCKIES EXPRESS PIPELINE LLC v. 77.620 acres more or less et al, No. 3:2008cv03127 - Document 428 (C.D. Ill. 2009)
Court Description: OPINION denying Motions to Dismiss 424 425 . Entered by Judge Richard Mills on 2/19/2009. (CC, ilcd)
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E-FILED Friday, 20 February, 2009 11:59:41 AM Clerk, U.S. District Court, ILCD IN THE UNITED STATES DISTRICT COURT FOR THE CENTRAL DISTRICT OF ILLINOIS SPRINGFIELD DIVISION ROCKIES EXPRESS PIPELINE LLC, ) ) Plaintiff, ) ) v. ) ) 77.620 acres more or less, et al., ) ) Defendants. ) ) ) NO. 08-3127 OPINION RICHARD MILLS, U.S. District Judge: Plaintiff Rockies Express seeks to voluntarily dismiss two defendants who have not answered their Complaint. Under Federal Rule of Civil Procedure 41(a)(1)(A)(i), such dismissal would be permissible. However, this is a condemnation case and, accordingly, Federal Rule of Civil Procedure 71.1 applies. Fed. R. Civ. P. 71.1(a). Under Rule 71.1(i)(1)(A), dismissal is permissible without a court order so long as no compensation hearing has begun and the plaintiff has not acquired title or a lesser interest or taken possession. . . of the property. In light of this Court s prior order granting immediate possession, dismissal under this provision may be inappropriate because Rockies Express may have taken possession of the defendants property. Thus, Rockies Express must either provide evidence that they have not taken possession of defendants property or seek dismissal under another provision. E.g., Fed. R. Civ. P. 71.1(i)(1)(B) (stipulation); Fed. R. Civ. P. 71.1(i)(2) (unnecessarily or improperly joined defendants). Ergo, at this juncture the motions [d/e 424, 425] must be DENIED. IT IS SO ORDERED. ENTERED: February 19, 2009 FOR THE COURT: /s Judge Richard Mills United States District Judge
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