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Jack Cooper Transport Co., Inc. v. Cannonball Express

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


June 8, 2007

JACK COOPER TRANSPORT CO., INC., PLAINTIFF,
v.
CANNONBALL EXPRESS, INC., CANNONBALL EXPRESS TRANSPORTATION CO., LLC, AND CANNONBALL EXPRESS TRANSPORTATION, LLC, DEFENDANTS.

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

ORDER

Plaintiff files a Notice of Voluntary Dismissal (Doc. 36), seeking to dismiss without prejudice defendants Cannonball Express, Inc. and Cannonball Express Transportation Co., LLC.*fn1 Plaintiff explains that it has recently discovered Cannonball Express, Inc. "does not and did not conduct any trucking business." Plaintiff further states that it has been advised by Defendants' attorneys that Cannonball Express Transportation Co., LLC does not exist.

The Court finds that because in its recently-filed Amended Complaint (Doc. 33), Plaintiff has only alleged claims against defendant Cannonball Express Transportation, LLC, the two remaining defendants are no longer parties to this action, which effectively results in their dismissal. For this reason and because of the reasons as stated in Plaintiff's Notice, the Court hereby ACKNOWLEDGES Plaintiff's voluntary dismissal of defendants Cannonball Express, Inc. and Cannonball Express Transportation Co., LLC, pursuant to Federal Rule of Civil Procedure 41(a). Accordingly, defendants Cannonball Express, Inc. and Cannonball Express Transportation Co., LLC are hereby DISMISSED WITHOUT PREJUDICE.

IT IS SO ORDERED.

David R Herndon United States District Judge


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