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Kessler v. Wal-Mart Stores

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


September 2, 2009

BRENT KESSLER, PLAINTIFF,
v.
WAL-MART STORES, INC., DEFENDANT.

The opinion of the court was delivered by: Proud, Magistrate Judge

ORDER

Before the Court is defendant's Motion for Voluntary Dismissal. (Doc. 121). Defendant Wal-Mart desires to dismiss without prejudice its third party claim against Integrated Safety, LLC, d/b/a Fall Guy. Defendant represents that all costs have been paid, and that Integrated Safety does not object to the motion. Neither Integrated Safety nor plaintiff have filed a response to the motion, and the time for doing so has expired.

For good cause shown, defendant's Motion for Voluntary Dismissal (Doc. 121) is GRANTED. The third party complaint against Integrated Safety, LLC, (Doc. 23) is ordered dismissed without prejudice. Third party defendant Integrated Safety, LLC, is terminated as a party.

Wal-Mart's Motion to Strike (Doc. 118) is DENIED as moot.

IT IS SO ORDERED.

CLIFFORD J. PROUD UNITED STATES MAGISTRATE JUDGE

20090902

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