Carnes v. Journal News, Inc. Retirement Plan et al, No. 3:2008cv00702 - Document 12 (S.D. Ill. 2009)
Court Description: MEMORANDUM AND OPINION, Granting 11 MOTION to Dismiss filed by Cynda D. Carnes. Dismissing case without prejudice. Clerk of Court to enter judgment accordingly. Signed by Judge J. Phil Gilbert on 2/12/09. (bkl)
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UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF ILLINOIS CYNDA D. CARNES, Personal Representative of the ESTATE OF JEANNE COREY, deceased, Plaintiff, Case No. 08-cv-702-JPG v. JOURNAL NEWS, INC. RETIREMENT PLAN and AETNA LIFE INSURANCE COMPANY,, Defendants. MEMORANDUM AND ORDER This matter comes before the Court on the Motion for Dismissal without prejudice (Doc. 11) pursuant to Federal Rule of Civil Procedure 41(a)(2) filed by the plaintiff. Rule 41(a)(2) provides that only the Court may dismiss an action after an adverse party has filed an answer or motion for summary judgment and in the absence of a stipulation of dismissal of an entire case from all the parties. The defendants do not object to dismissal without prejudice. The Court finds that dismissal without prejudice is appropriate in this case and therefor GRANTS the motion (Doc. 11), DISMISSES this case without prejudice and DIRECTS the Clerk of Court to enter judgment accordingly. IT IS SO ORDERED. DATED: February 12, 2009 s/ J. Phil Gilbert J. PHIL GILBERT DISTRICT JUDGE
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