IRC, LP v. McLean, No. 3:2009cv00189 - Document 26 (S.D. Ill. 2009)
Court Description: MEMORANDUM AND OPINION on Plaintiff's Notice of Voluntary Dismissal. Court finds this action is Dismissed without prejudice and Directs the Clerk of Court to enter judgment accordingly. All pending motions are denied as moot. Signed by Judge J. Phil Gilbert on 4/13/09. (bkl)
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UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF ILLINOIS IRC, LP, Plaintiff, v. Case No. 09-cv-189-JPG MICHAEL P. MCLEAN, Defendant. MEMORANDUM AND ORDER This matter comes before the Court on Plaintiff IRC s Notice of Voluntary Dismissal (Doc. 25). Federal Rule of Civil Procedure 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 plaintiff has 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: April 13, 2009 s/ J. Phil Gilbert J. PHIL GILBERT DISTRICT JUDGE
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