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Fleming v. American Home Mortgage Servicing

UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF ILLINOIS


June 30, 2009

BYRON FLEMING AND VICKI FLEMING, PLAINTIFFS,
v.
AMERICAN HOME MORTGAGE SERVICING, INC., DEFENDANT.

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

MEMORANDUM AND ORDER

This matter comes before the Court on the Notice of Dismissal (Doc. 13) without prejudice pursuant to Federal Rule of Civil Procedure 41(a)(1)(A)(i) filed by plaintiffs Byron Fleming and Vicki Fleming. Rule 41(a)(1)(A)(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. Because the plaintiffs have an absolute right to dismiss this case at the present time, the Court finds that this action is DISMISSED without prejudice and DIRECTS the Clerk of Court to enter judgment accordingly.

IT IS SO ORDERED.

20090630

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