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Kathy Bradley and Lois Hess v. Ripley Company

UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF ILLINOIS


June 28, 2011

KATHY BRADLEY AND LOIS HESS, RELATORS,
AND
UNITED STATES OF AMERICA, INTERVENOR,
v.
RIPLEY COMPANY, INC. AND CAPEWELL COMPONENTS COMPANY, LLC, 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 notice of dismissal with prejudice (Doc. 47) pursuant to Federal Rule of Civil Procedure 41(a)(1)(A)(i) filed by relators Kathy Bradley and Lois Hess. The Court also considers the United States' response (Doc. 49) to the notice in which it states that it does not object to voluntary dismissal so long as it is without prejudice to its ability to bring future claims based on the same conduct by the defendants.

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. Because the relators have an absolute right to dismiss the claims as brought by them at the present time, the Court finds that this action is DISMISSED with prejudice and without costs as to relators Kathy Bradley and Lois Hess, and that they no longer have the ability to bring claims based on the defendants' alleged conduct in this case. The action is DISMISSED without prejudice to the United States' and other relators' ability to bring future claims based on the same conduct by the defendants. The Court DIRECTS the Clerk of Court to enter judgment accordingly.

IT IS SO ORDERED.

J. Phil Gilbert

20110628

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