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Employers & Cement Masons #90 Health & Welfare Fund v. Lugge Concrete Construction

December 11, 2009

EMPLOYERS & CEMENT MASONS #90 HEALTH & WELFARE FUND AND EMPLOYERS & CEMENT MASONS #90 PENSION FUND, PLAINTIFFS,
v.
LUGGE CONCRETE CONSTRUCTION, INC. AND CONNIE S. LUGGE, IN HER INDIVIDUAL CAPACITY, DEFENDANT.



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

MEMORANDUM & ORDER

This matter comes before the Court on Plaintiffs' Notice of Voluntary Dismissal (Doc. 12). Pursuant to Federal Rule of Civil Procedure 41(a)(1)(A)(i), a plaintiff has an absolute right to dismiss an action 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. Defendants have not yet filed an answer or motion for summary judgment in this case. The Court therefore finds that all claims in this case are DISMISSED without prejudice. The Court DIRECTS the Clerk of Court to enter judgment accordingly.

IT IS SO ORDERED.

20091211

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