IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF ILLINOIS
July 6, 2011
EMPLOYERS AND OPERATING ENGINEERS LOCAL 520 PENSION FUND, AN EMPLOYEE BENEFIT PLAN, ET AL., PLAINTIFFS,
R.C. CLARK, AN INDIVIDUAL, D/B/A T&T CONSTRUCTION COMPANY, DEFENDANT.
The opinion of the court was delivered by: Herndon, Chief Judge:
Before the Court is plaintiffs'dismissalwithout prejudice (Doc. 9). Federal Rule of Civil Procedure 41(a)(1) provides a plaintiff may dismiss an action without order of the court by filing a notice of dismissal before the opposing party serves either an answer or summary judgment motion. The defendant here has not filed an answer or motion for summary judgment. As such, the Court hereby ACKNOWLEDGES the dismissal without prejudice. The Clerk is DIRECTED to close this file.
IT IS SO ORDERED.
David R. Herndon Chief Judge United States District Court
2011.07.06 08:57:21 -05'00'
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