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Hankins v. Allied Interstate

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


March 19, 2010

TAMARA HANKINS PLAINTIFF,
v.
ALLIED INTERSTATE, INC., DEFENDANT.

The opinion of the court was delivered by: Herndon, Chief Judge

ORDER

Before the Court is Plaintiff's Notice of Voluntary Dismissal, made pursuant to FEDERAL RULE OF CIVIL PROCEDURE 41(a)(1)(A) to voluntarily dismiss, with prejudice, her suit against Defendant. Although Plaintiff moves for a voluntary dismissal without seeking a Court order, she is not allowed to do so pursuant to Rule 41(a)(1)(A)(i), as Defendant has previously filed its Answer in this case (Doc. 8) and the Notice itself does not constitute a "stipulation of dismissal signed by all parties who have appeared" under Rule 41(a)(1)(A)(ii).

However, the Court notes that the matter has settled (Doc. 16), the Court thereafter issued its 60-day Order (Doc. 17). As such, the Court hereby DISMISSES WITH PREJUDICE plaintiff Tamara Hankin's claims in this case against defendant Allied Interstate, Inc., pursuant to Rule 41(a)(2), each Party to bear their own costs and fees. The case file is to be closed and judgment entered accordingly.

IT IS SO ORDERED.

DavidRHer|do| Chief Judge United States District Court

20100319

© 1992-2010 VersusLaw Inc.



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