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Gene Rhodes and Karen Rhodes v. Visa

UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF ILLINOIS


January 27, 2011

GENE RHODES AND KAREN RHODES, PLAINTIFFS,
v.
VISA, INC., SERVICES CREDIT UNION AND 1ST MIDAMERICA CREDIT UNION, 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 plaintiffs' Notice of Dismissal (Doc. 20) without prejudice of their claims against defendant Visa, Inc. pursuant to Federal Rule of Civil Procedure 41(a)(1)(A)(i). Rule 41(a)(1)(A)(i) allows a plaintiff to dismiss all of its claims against a party without a court order at any time before the opposing party serves an answer or a motion for summary judgment. Visa, Inc. has not served an answer or motion for summary judgment in this case. Because the plaintiffs have an absolute right to dismiss its case against Visa, Inc. at the present time, the Court finds that all claims against Visa, Inc. are DISMISSED without prejudice.

IT IS SO ORDERED.

s/ J. Phil Gilbert

20110127

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