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Benefits Corp. v. Brewer

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


October 23, 2007

BENEFITS CORPORATION, ET AL., PLAINTIFFS,
v.
TOM BREWER D/B/A BREWER CONSTRUCTION & ROOFING, DEFENDANT.

The opinion of the court was delivered by: J. Phil Gilbert U.S. District Judge

MEMORANDUM AND ORDER

This matter comes before the Court on the plaintiffs' motion to dismiss (Doc. 11), which the Court construes as a notice of dismissal pursuant to Federal Rule of Civil Procedure 41(a)(1)(i). Rule 41(a)(1)(i) allows dismissal of an action by a plaintiff without a court order at any time before service by an adverse party of an answer or of a motion for summary judgment, whichever first occurs. The defendant has not filed an answer or motion for summary judgment in this case, and the plaintiffs have reported that they have received all the relief to which they are entitled under the bankruptcy process. Because the plaintiffs have an absolute right to dismiss this case at the present time, the Court finds that this action is DISMISSED with prejudice and DIRECTS the Clerk of Court to enter judgment accordingly.

IT IS SO ORDERED.

20071023

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