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Illinois State Painters Welfare Fund and Painters District Council No. 58 v. Ramsdall

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


January 14, 2010

ILLINOIS STATE PAINTERS WELFARE FUND AND PAINTERS DISTRICT COUNCIL NO. 58, PLAINTIFFS,
v.
AL RAMSDALL D/B/A CUSTOM DECORATORS AND AL RAMSDALL, INDIVIDUALLY, DEFENDANT

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

MEMORANDUM AND ORDER

This matter comes before the Court on the Notice of Dismissal (Doc. 19) pursuant to Federal Rule of Civil Procedure 41(a)(1)(A)(i) filed by plaintiff Illinois State Painters Welfare Fund and Painters District Council Number 58. Rule 41(a)(1)(A)(i) allows a plaintiff to dismiss an action without a court order at any time before the opposing party serves an answer or a motion for summary judgment. No defendant has served an answer or motion for summary judgment in this case. Because the plaintiff has 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.

20100114

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