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Hedge v. Walt's Drive-A-Way Service Inc.

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


February 28, 2008

ANTHONY HEDGE, PLAINTIFF,
v.
WALT'S DRIVE-A-WAY SERVICE INC., DINO'S TRUCKING, AND PACIFIC TRAILER REPAIR SERVICES, LLC, DEFENDANTS.

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

ORDER

On May 26, 2006, Plaintiff Anthony Hedge filed this action against Walt's Drive-a-way Service (Walt's), Dino's Trucking (Dino's), and Pacific Trailer Repair Services (PTRS) in the Circuit Court of St. Clair County, Illinois. Dino's removed the case to this Federal District Court on June 24, 2006 (Doc. 2).

On July 6, 2006, Walt's filed a cross claim for contribution against PTRS (Doc. 9). On August 21, 2006, PTRS filed cross claims for contribution against Walt's and Dino's (Doc. 21 & 22). As all parties have reached a settlement, Walt's now moves to dismiss its cross claim against PTRS with prejudice (Doc. 77). Additionally, PTRS moves to voluntarily dismiss its cross claims against Dino's and Walt's with prejudice (Docs. 74 & 75). No parties object to the motions to voluntarily dismiss.

FEDERAL RULE OF CIVIL PROCEDURE 41(a)(2) provides that where a defendant has answered the complaint or filed a motion for summary judgment, "an action shall not be dismissed at the plaintiff's instance save upon order of the court and upon such terms and conditions as the court deems proper."

Pursuant to Rule 41, the Court hereby GRANTS the motions to dismiss (Docs. 74, 75, & 77), DISMISSES Walt's cross claim for contribution against PTRS with prejudice, DISMISSES PTRS's cross claim for contribution against Walt's with prejudice, and DISMISSES PTRS's cross claim for contribution against Dino's with prejudice.

IT IS SO ORDERED.

MICHAEL J. REAGAN United States District Judge

20080228

© 1992-2008 VersusLaw Inc.



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