UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF ILLINOIS
February 7, 2011
DONNA K. AND FRANK T. PEARSON, PLAINTIFFS,
HSBC BANK, ET AL., DEFENDANTS.
The opinion of the court was delivered by: J. Phil Gilbert District Judge
MEMORANDUM AND ORDER
This matter comes before the Court on Plaintiffs Donna and Frank Pearson's Motion to Voluntarily Dismiss (Doc. 40), which the Court construes as a notice of voluntary dismissal without prejudice. Defendants Cumberland County Sheriff and Cumberland County Sheriff's Office filed a Response (Doc. 41) thereto, which consents to the relief sought by said notice.
The Court is of the understanding that the Pearsons have voluntarily dismissed their interlocutory appeal, see Doc. 43; therefore, the Court once again has jurisdiction over this case. With respect to the Pearsons' notice of voluntary dismissal, the Court notes that 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. Fed. R. Civ. P. 41(a)(1)(A)(i).
Here, Defendants have yet to file either an answer or a motion for summary judgment. As such, the Court acknowledges that this matter is at an end and DIRECTS the Clerk of Court to close the case file, whereby the Court DENIES as moot all pending motions.
IT IS SO ORDERED.
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