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Byas v. Union Pacific Railroad Co.

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


November 14, 2007

CYNTHIA BYAS, KAREN YAPP, RODNEY C. GRADY, ET AL., PLAINTIFFS,
v.
UNION PACIFIC RAILROAD COMPANY, DEFENDANT.

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

ORDER

On November 9, 2007, the parties filed a stipulation to voluntarily dismiss this case with prejudice (Doc. 40). Though this is a putative class action, no class has been certified in this case. Therefore, FEDERAL RULE OF CIVIL PROCEDURE 41(a)(1) governs this dismissal, rather than Rule 23(e).

Rule 41(a)(1)(ii) provides that plaintiffs may voluntarily dismiss an action "by filing a stipulation of dismissal signed by all parties who have appeared in the action." Plaintiffs submitted a stipulation of dismissal signed by Herman N. Johnson, Jr., counsel for plaintiffs, and Douglas C. Herbert, counsel for defendant.

Pursuant to the parties' stipulation, the Court hereby DISMISSES the case with prejudice.

IT IS SO ORDERED.

MICHAEL J. REAGAN United States District Judge

20071114

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