United States District Court, S.D. Illinois
October 17, 2005.
CHESTER EVANS, Plaintiff,
WAL-MART STORES, INC., Defendant.
The opinion of the court was delivered by: DAVID HERNDON, District Judge
Plaintiff initially filed a Motion for Voluntary Dismissal
pursuant to FED. R. CIV. P. 41(a)(2). (Doc. 18.) Because
Defendant had previously filed its Answer, Plaintiff needed to
seek the Court's permission in order to grant Plaintiff's request
for voluntary dismissal of this case. Defendant opposed
Plaintiff's initial motion. (Doc. 19.) The Court denied
Plaintiff's Motion without prejudice, finding Plaintiff had
failed to state any grounds to support its request for a
voluntary dismissal without prejudice. (Doc. 20.) However, in its
Order, the Court allowed Plaintiff to file another similar Rule
41(a)(2) motion, specifying grounds for dismissal. Accordingly,
on October 11, 2005, Plaintiff has once against filed a Motion
for Voluntary Dismissal, pursuant to FED. R. CIV. P. 41(a)(2).
(Doc. 21.) Therefore, Defendant has ten (10) days from the time
of filing in which to respond to the instant motion. See Local
Rule 7.1(c); see also FED. R. CIV. P. 6. In the interim of Defendant's response time, the Court notes
that a final pretrial conference is scheduled for this case on
Friday, October 21, 2005, at 3:00 p.m. As Plaintiff's motion
could likely render moot the need for the pretrial conference,
the Court sua sponte cancels the pretrial hearing, so that it
may properly consider Plaintiff's motion, and Defendant's
response, if filed. A final pretrial conference will be
rescheduled, if circumstances so warrant, at a date and time to
be later determined.
IT IS SO ORDERED.
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