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Gowler v. Discover Bank

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


June 10, 2009

HOWARD D. GOWLER, PLAINTIFF,
v.
DISCOVER BANK, EQUIFAX INFORMATION SERVICES, LLC, CSC CREDIT SERVICES, INC., AND EXPERIAN INFORMATION SOLUTIONS, LLC, DEFENDANTS.

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

ORDER

Before the Court is a Stipulation for Dismissal (Doc. 34) in which Plaintiff seeks to voluntarily dismiss defendant Experian Information Solutions, LLC ("Experian"). The Stipulation is signed by counsel for both Plaintiff and Experian. However, as the other Defendants have already appeared in this case and because Experian has filed its Answer, Plaintiff cannot stipulate to voluntarily dismiss a defendant without the signatures of all parties who have appeared.See FED.R.CIV. P. 41(a)(1). Therefore, the Court hereby construes this Stipulation as a Motion for Voluntary Dismissal, made pursuant to FEDERAL RULE OF CIVIL PROCEDURE 41(a)(2).

In so doing, the Court hereby GRANTS the Plaintiff's Motion to Voluntarily Dismiss defendant Experian. Accordingly, Plaintiff's claims against defendant Experian in this case are hereby DISMISSED WITH PREJUDICE, each Party to bear its own costs.

IT IS SO ORDERED.

David R Herdo Chief Judge United States District Court

20090610

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