IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF ILLINOIS
May 24, 2007
LOCKLEAR ELECTRIC, INDIVIDUALLY AND ON BEHALF OF ALL OTHERS SIMILARLY SITUATED, PLAINTIFF,
MATRIX LEAD SOURCE, INC., DEFENDANT.
The opinion of the court was delivered by: Herndon, District Judge
Before the court is Plaintiff's motion to reconsider the denial of dismissal entered April 30, 2007. (Doc. 26.) Plaintiff's motion supplies new facts, which suggest that the class action has been abandoned due to similar proceedings in the Circuit Court of Lake County, Illinois and that, furthermore, this dismissal pertains only to the individually-named Plaintiff, Locklear Electric. Therefore, it is no longer necessary for the parties to follow the rules for settlement of a class action. Plaintiff's failure to convey this information to the Court constitutes excusable neglect pursuant to FEDERAL RULE OF CIVIL PROCEDURE 60(b)(1). Accordingly, Plaintiff's motion to reconsider the denial of dismissal is GRANTED (Doc. 26) and the April 30, 2007 Order denying the dismissal is VACATED. (Doc. 25.) It is ordered that this matter is dismissed with prejudice. Costs have been paid. Clerk to enter judgment accordingly.
IT IS SO ORDERED.
David RHerndon United States District Judge
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