Roche v. Liberty Mutual Managed Care, Inc. et al, No. 3:2007cv00331 - Document 69 (S.D. Ill. 2009)
Court Description: MEMORANDUM AND OPINION. Case is dismissed without prejudice. Clerk of Court to enter judgment accordingly. Signed by Judge J. Phil Gilbert on 3/13/09. (bkl)
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UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF ILLINOIS KATHLEEN ROCHE , D.C., d/b/a/ BACK DOCTORS, LTD., individually and on behalf of others similarly situated, Plaintiff, Case No. 07-cv-331-JPG v. LIBERTY MUTUAL MANAGED CARE, INC., LIBERTY MUTUAL INSURANCE COMPANY, and LIBERTY MUTUAL FIRE INSURANCE COMPANY d/b/a/LIBERTY MUTUAL, Defendants. MEMORANDUM AND ORDER This matter comes before the Court on Plaintiff Kathleen Roche s Motion for Voluntary Dismissal (Doc. 66). Rule 41(a)(1)(A)(i) allows dismissal of an action by a plaintiff without a court order at any time before service by an adverse party of an answer or of a motion for summary judgment, whichever first occurs. Defendants have not filed an answer or motion for summary judgment in this case. Because the plaintiff has an absolute right to dismiss the action at the present time, the Court finds that this case is DISMISSED without prejudice and DIRECTS the Clerk of Court to enter judgment accordingly. IT IS SO ORDERED. DATED: March 13, 2009 s/ J. Phil Gilbert J. PHIL GILBERT DISTRICT JUDGE
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