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Employers and Operating Engineers Local 520 Pension Fund v. Ray Anthony International

March 5, 2010

EMPLOYERS AND OPERATING ENGINEERS LOCAL 520 PENSION FUND, ET AL., PLAINTIFFS,
v.
RAY ANTHONY INTERNATIONAL, LLC, 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 (Doc. 9) of voluntary dismissal. 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. Defendant has not yet filed an answer or motion for summary judgment in this case. Accordingly, the Court DISMISSES without prejudice all of Plaintiffs' claims in this matter. The Court DIRECTS the Clerk of Court to enter judgment accordingly.

IT IS SO ORDERED.

20100305

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