ROCKIES EXPRESS PIPELINE LLC v. 77.620 acres more or less et al, No. 3:2008cv03127 - Document 431 (C.D. Ill. 2009)

Court Description: OPINION. The motions to dismiss 429 430 are GRANTED. Entered by Judge Richard Mills on 2/26/2009. (CC, ilcd)

Download PDF
E-FILED Thursday, 26 February, 2009 04:57:46 PM 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: Rockies Express again moves for dismissal of two defendants [d/e 429, 430]. Previously, the motions were brought under Rule 71.1(i)(1)(A). The Court denied them because Rockies Express had previously acquired possession of the subject properties. Rockies Express now moves under two different provisions. First, it seeks to dismiss James Paluska and Tract IL-SA-025.000 pursuant to Rule 71.1(i)(1)(B), which allows dismissal by stipulation. Although this rule contains some language similar to Rule 71.1(i)(1)(A), it allows dismissal by stipulation at any time [b]efore a judgment is entered vesting the plaintiff with title or a lesser interest in or possession of the property . . . . See Advisory Committee Notes to Fed. R. Civ. P. 71.1, Original Report (stating that [f]reedom of dismissal is accorded, where both the condemnor and condemnee agree, up to the time of the entry of judgment vesting plaintiff with title. ). Although this Court has entered a preliminary injunction, it has not entered a judgment. As such, dismissal under this provision is GRANTED [d/e 429] and may, in fact, proceed without court order. Second, Rockies Express moves to dismiss Marine Bank of Springfield pursuant to Rule 71.1(i)(2), which allows for dismissal of unnecessarily or improperly joined parties. That motion is also GRANTED [d/e 430]. Ergo, the motions to dismiss [d/e 429, 430] are GRANTED. IT IS SO ORDERED. ENTERED: February 26, 2009 FOR THE COURT: /s Judge Richard Mills United States District Judge

Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.