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Denise R. Ross v. Harrah's Operating Company

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF ILLINOIS


December 8, 2010

DENISE R. ROSS, PLAINTIFF,
v.
HARRAH'S OPERATING COMPANY, INC., LONG-TERM DISABILITY COVERAGE FOR ALL ACTIVE HOURLY AND SALARIED NON-EXEMPT EMPLOYEES CLASSIFIED BY THE EMPLOYER AS GRADE 49 AND BELOW OR NON-MANAGEMENT BANDED, AND
PRUDENTIAL INSURANCE COMPANY OF AMERICA, 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 Denise Ross and Defendant Prudential Insurance Company of America's ("Prudential") Stipulation of Dismissal (Doc. 5) without prejudice. Federal Rule of Civil Procedure 41(a)(1)(A)(ii) states that a plaintiff "may dismiss an action without a court order by filing . . . a stipulation of dismissal signed byall partieswho have appeared." While the instant stipulation hardly closes this case, it dismisses Ross' entire action against Defendant Harrah's Operating Company, Inc.'s ("Harrah's") above-referenced ERISA plan. Additionally, the stipulation is signed by all of the parties who have appeared, namely Ross and Prudential.*fn1

As such, the Court acknowledges that Ross' action against Harrah's ERISA plan is DISMISSED without prejudice.

IT IS SO ORDERED.


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