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Mark Hyzy, Holly Satterlee, Wilbur Thomas, Kenneth Busby and Margaret v. Discover Financial Services (Inc.) and Dfs Services LLC

UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF ILLINOIS


December 1, 2010

MARK HYZY, HOLLY SATTERLEE, WILBUR THOMAS, KENNETH BUSBY AND MARGARET MCRAE, EACH INDIVIDUALLY AND ON BEHALF OF ALL OTHERS SIMILARLY SITUATED, PLAINTIFFS,
v.
DISCOVER FINANCIAL SERVICES (INC.) AND DFS SERVICES LLC DEFENDANTS.

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

MEMORANDUM AND ORDER

This matter comes before the Court on the Notice of Dismissal (Doc. 6) pursuant to Federal Rule of Civil Procedure 41(a)(1)(A)(i) filed by the plaintiffs. 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 plaintiffs have 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 close this case.

IT IS SO ORDERED.

s/ J. Phil Gilbert

20101201

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