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Michael W. Gambill v. Werner Co. and Stanley Black

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


December 16, 2010

MICHAEL W. GAMBILL, PLAINTIFF,
v.
WERNER CO. AND STANLEY BLACK & DECKER, INC., F/K/A THE STANLEY WORKS, INC., DEFENDANTS.

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

ORDER

Before the Court is a Stipulation for Dismissal (Doc. 24), filed by Plaintiff with consent of counsel for Defendants. The Stipulation seeks to dismiss without prejudice defendant Werner Company ("Werner") only, from this suit, each Party to bear its own costs and fees. The dismissal is made pursuant to

FEDERAL RULE OF CIVIL PROCEDURE 41(a)(1)(A)(ii). The Court hereby ACKNOWLEDGES said Stipulation and that defendant Werner is hereby DISMISSED WITHOUT PREJUDICE from this suit, each Party to bear its own costs and fees.

In addition, due to its dismissal herein, the Court hereby FINDS AS MOOT defendant Werner's Motion for Summary Judgment (Doc. 13).

IT IS SO ORDERED.

David R. Herndon Chief Judge United States District Court

2010.12.16 15:41:35 -06'00'

20101216

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