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Scharringhausen v. Solutia Inc.

IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF ILLINOIS


April 27, 2006

JEFFREY SCHARRINGHAUSEN AND DOUG STRAHM, INDIVIDUALLY AND ON BEHALF OF ALL OTHERS SIMILARLY SITUATED PLAINTIFFS,
v.
SOLUTIA INC. EMPLOYEES' PENSION PLAN, ET AL., DEFENDANTS.

The opinion of the court was delivered by: Herndon, District Judge

ORDER

This matter comes before the Court on Plaintiffs' Notice of Voluntary Dismissal, filed pursuant to FEDERAL RULE OF CIVIL PROCEDURE 41(a)(1)(i) (Doc. 36). Plaintiffs state their intent to voluntarily dismiss this action "as of right because neither an answer to Plaintiffs' complaint nor a motion for summary judgment has been filed or served." Moreover, Plaintiffs believe their interests "would be best served by the expeditious prosecution of a consolidated action" of two related actions pending before the Court: Davis v. Solutia, Inc., Case No. 05-cv-736 and Hammond v. Solutia, Inc., Case No. 06-cv-139.

As the Court finds Plaintiffs' statements to be true and in compliance with the requirements of Rule 41(a), the Court hereby ACKNOWLEDGES Plaintiffs' Notice of Voluntary Dismissal (Doc. 36). This action is hereby DISMISSED WITHOUT PREJUDICE, pursuant to Plaintiffs' Motion. All other pending motions in this action are therefore deemed MOOT.

IT IS SO ORDERED.

Signed this 27th day of April, 2006.

David R. Herndon United States District Judge

20060427

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