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Kathy Bradley and Lois Hess v. Ripley Company

UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF ILLINOIS


June 20, 2011

KATHY BRADLEY AND LOIS HESS, RELATORS,
v.
RIPLEY COMPANY, INC. AND CAPEWELL COMPONENTS COMPANY, LLC, DEFENDANTS. UNITED STATES OF AMERICA, INTERVENOR,

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

MEMORANDUM AND ORDER

This matter comes before the Court on the notice of dismissal with prejudice (Doc. 47) purportedly pursuant to Federal Rule of Civil Procedure 41(a)(1)(A)(i) filed by relators Kathy Bradley and Lois Hess. Rule 41(a)(1)(A)(i) allows a plaintiff to dismiss an action without a court order at any time before the opposing party serves an answer or a motion for summary judgment. The defendants have not served an answer or motion for summary judgment in this case, so it appears the relators have an absolute right to dismiss their claims at the present time. However, in qui tam actions such as this one, the real party in interest is the United States, and the United States has not joined in the notice of dismissal. To establish on the record the United States' position on dismissal of this action, the Court ORDERS the United States to respond to the notice on or before July 1, 2011.

IT IS SO ORDERED.

J. Phil Gilbert

20110620

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