IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF ILLINOIS
June 12, 2008
SUMMIT FINANCIAL RESOURCES L.P., PLAINTIFF,
BIG DOG ENTERPRISES LOGISTICS, LLC, D/B/A FREIGHT HAULING LOGISTICS, DAVID HURSEY, THE CONSOLIDATED WITH HURSEY GROUP, LLC, AND AGED ASSETS, LLC, COMMERCIAL PROPERTY MANAGEMENT, LLC, HURSEY TECHNOLOGY, LLC, PEERLESS-PREMIER APPLIANCE CO., AND FIRST BANK, DEFENDANTS.
The opinion of the court was delivered by: Reagan, District Judge
On March 6, 2008, Plaintiff Summit Financial Resources, L.P. filed its amended complaint in the above captioned action, naming First Bank as a Defendant. On May 16, 2008, Summit and First Bank filed a joint motion to voluntarily dismiss Summit's claims against First Bank with prejudice pursuant to Rule 41(a)(2).
FEDERAL RULE OF CIVIL PROCEDURE 41(a)(2) provides that where the defendant has answered the complaint or filed a motion for summary judgment, "an action may be dismissed at the plaintiff's request only by court order, on terms that the court considers proper." As noted above, the motion to dismiss was jointly filed and was signed by Wiley E. Moore, counsel for Summit, and Michael P. Stephens, counsel for First Bank. Additionally, no party to the action has filed a response or objection to the motion.
Having fully considered the instant motion, the Court hereby GRANTS the motion to voluntarily dismiss (Doc. 289) and DISMISSES the action against First Bank with prejudice pursuant to Rule 41. Accordingly, the Court hereby DENIES AS MOOT First Bank's motion to dismiss (Doc. 276).
IT IS SO ORDERED.
MICHAEL J. REAGAN United States District Judge
© 1992-2008 VersusLaw Inc.