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Midfirst Bank v. Alan Woodrow; Secretary of Housing and Urban Development; United

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


October 7, 2011

MIDFIRST BANK, PLAINTIFF,
v.
ALAN WOODROW; SECRETARY OF HOUSING AND URBAN DEVELOPMENT; UNITED STATES OF AMERICA; UNKNOWN HEIRS AND LEGATEES OF ALAN L WOODROW, IF ANY; UNKNOWN OWNERS AND NON RECORD CLAIMANTS; DEFENDANTS.

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

MEMORANDUM AND ORDER

This matter comes before the Court on plaintiff Midfirst Bank's motion to dismiss defendants Unknown Heirs and Legatees of Alan L. Woodrow and Unknown Owners and Non-Record Claimants (Doc. 17). The Court construes this as a notice of dismissal pursuant to Federal Rule of Civil Procedure 41(a)(1)(A)(i).

Rule 41(a)(1)(A)(i) allows a plaintiff to dismiss an action against a party without a court order at any time before the opposing party serves an answer or a motion for summary judgment. The defendants sought to be dismissed have not served an answer or motion for summary judgment in this case. Because the plaintiff has an absolute right to dismiss those defendants at the present time, the Court finds that the plaintiff's claims against defendants Unknown Heirs and Legatees of Alan L. Woodrow and Unknown Owners and Non-Record Claimants are DISMISSED without prejudice and DIRECTS the Clerk of Court to enter judgment accordingly at the close of the case. The motion to dismiss (Doc. 17) is rendered MOOT by this order.

IT IS SO ORDERED:

J. Phil Gilbert

20111007

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