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Jones v. Coombs

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF ILLINOIS


April 12, 2010

DEKISHA JONES, PLAINTIFFS,
v.
BRUCE COOMBS AND DB&T STEPHENS & COMPANY, DEFENDANTS.

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

MEMORANDUM AND ORDER

This matter comes before the Court on Plaintiff Dekisha Jones and Defendant Bruce Coombs' joint Motion (Doc. 14) to voluntarily dismiss Defendant DB&T Stephens & Company ("DB&T"). The Court construes said motion to be made under Federal Rule of Civil Procedure 41(a)(2). Rule 41(a)(2) provides that only the Court may dismiss an action after an adverse party has filed an answer or motion for summary judgment and in the absence of a stipulation of dismissal of an entire case from all the parties. Fed. R. Civ. P. 41(a)(2).

Being fully advised of the premises, the Court GRANTS the instant motion, whereby the Court DISMISSES DB&T without prejudice. The Court DIRECTS the Clerk of Court to enter judgment accordingly at the close of this case.

IT IS SO ORDERED.

20100412

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