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Employers and Operating Engineers Local 520 Pension v. Cox and Sons Contracting Company

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF ILLINOIS


January 11, 2011

EMPLOYERS AND OPERATING ENGINEERS LOCAL 520 PENSION FUND, AN EMPLOYEE BENEFIT PLAN, ET AL., PLAINTIFFS,
v.
COX AND SONS CONTRACTING COMPANY, DEFENDANT.

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

MEMORANDUM AND ORDER

This matter comes before the Court on Plaintiffs' Notice of Voluntary Dismissal (Doc. 7), which seeks to dismiss all claims against Defendant without prejudice.

Pursuant to Federal Rule of Civil Procedure 41(a)(1)(A)(i), a plaintiff has an absolute right to dismiss an action against an adverse party at any time before said party serves either an answer or a motion for summary judgment, whichever first occurs.

Here, Defendant has yet to file either an answer or a motion for summary judgment. Accordingly, the Court acknowledges that this matter is at an end and DIRECTS the Clerk of Court to close the case file.

J. Phil Gilbert

20110111

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