United States District Court, S.D. Illinois
December 1, 2005.
DARLENE SRONCE, Plaintiff,
MIKE LEAVITT, Secretary of Health and Human Services, Defendant.
The opinion of the court was delivered by: J. GILBERT, District Judge
MEMORANDUM AND ORDER
This matter comes before the Court on the "Dismissal Pursuant
to Settlement" (Doc. 9) which the Court construes as a motion to
dismiss pursuant Federal Rule of Civil Procedure 41(a)(2). 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 Court GRANTS the motion
(Doc. 9), DISMISSES this action with prejudice and DIRECTS
the Clerk of Court to enter judgment accordingly.
IT IS SO ORDERED.
This matter having come before the Court, and the Court having
granted the plaintiff's motion for voluntary dismissal,
IT IS HEREBY ORDERED AND ADJUDGED that this case is dismissed
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