Illinois State Painters Welfare Fund et al v. Vernardo, No. 3:2007cv00533 - Document 17 (S.D. Ill. 2009)
Court Description: MEMORANDUM AND OPINION. Action is dismissed without prejudice. Clerk of Court to enter judgment accordingly. All pending motions denies as moot. Signed by Judge J. Phil Gilbert on 2/3/09. (bkl)
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UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF ILLINOIS ILLINOIS STATE PAINTERS WELFARE FUND and DISTRICT COUNCIL #58 FRINGE BENEFIT FUNDS, Plaintiffs, Case No. 07-cv-533-JPG v. JUAN VERNARDO, individually and JUAN VERNARDO d/b/a/ FULL LUNA PAINTING, Defendant. MEMORANDUM AND ORDER This matter comes before the Court on the Notice of Dismissal (Doc. 16) pursuant to Federal Rule of Civil Procedure 41(a)(1)(A)(i) filed by plaintiffs. 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. The defendant has not filed an answer or motion for summary judgment in this case. Because the plaintiffs have 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 enter judgment accordingly. All pending motions are DENIED as moot. IT IS SO ORDERED. DATED: February 3, 2009 s/ J. Phil Gilbert J. PHIL GILBERT DISTRICT JUDGE
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