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Deutsche Bank National Trust Company v. James R. Hillmer

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


March 29, 2011

DEUTSCHE BANK NATIONAL TRUST COMPANY,
PLAINTIFF,
v.
JAMES R. HILLMER, LORETTA M. HILLMER, AND HUNTINGTON PLACE HOMEOWNERS ASSOCIATION, INC.,
DEFENDANTS.

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

ORDER

Plaintiff has filed a notice of dismissal pursuant to FEDERAL RULE OF CIVIL PROCEDURE 41(a)(1)(A)(i) (Doc. 11). Plaintiff states that the parties have reached a loan-modification agreement, so it wishes to dismiss without prejudice its complaint seeking foreclosure of a mortgage. The defendants have not yet filed an answer or motion for summary judgment in this matter. FEDERAL RULE OF CIVIL PROCEDURE 41(a)(1)(A)provides, "[t]he plaintiff may dismiss an action without a court order by filing: (i) a notice of dismissal before the opposing party serves either an answer or a motion for summary judgment; or (ii) a stipulation of dismissal signed by all parties who have appeared." Because defendants have not served an answer or motion for summary judgment, dismissal as of right pursuant to RULE 41(a)(1)(A)(i) is proper.

The Court hereby ACKNOWLEDGES plaintiff's notice of dismissal (Doc. 11) and orders this case be DISMISSED WITHOUT PREJUDICE. The Clerk is directed to close the file.

IT IS SO ORDERED.

Digitally signed by David R. Herndon Chief Judge United States District Court

Date: 2011.03.29 16:41:58 -05'00'

20110329

© 1992-2011 VersusLaw Inc.



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