IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF ILLINOIS
February 14, 2012
AMSTED INDUSTRIES INCORPORATED PLAINTIFF,
TIANRUI GROUP FOUNDRY COMPANY, LTD., STANDARD CAR TRUCK COMPANY, INC., WESTINGHOUSE AIR BRAKE TECHNOLOGIES CORPORATION, CKD KUTNSA HORA, A.S, AND OMNICAST, LLC, DEFENDANTS.
The opinion of the court was delivered by: Herndon, Chief Judge:
Pending before the Court is plaintiff Amsted Industries Incorporated's (Amsted) motion to dismiss defendant Tianrui Group Foundry Company, Ltd. (Tianrui) with prejudice pursuant to FEDERAL RULE OF CIVIL PROCEDURE 41(a)(2) (Doc. 87). Rule 41(a)(2) allows a court to consider whether it is proper to order a party dismissed, upon the plaintiff's motion. "The determination of whether to grant a motion for voluntary dismissal rests within the sound discretion of the district court." Tyco Labs., Inc. v. Koppers Co., Inc., 627 F.2d 54, 56 (7th Cir. 1980). As Amsted informs the Court it has entered into a confidential settlement agreement with Tianrui, the Court finds said dismissal is proper. Further, as Tianrui is no longer a party to this action, the Court holds its motion to dismiss for failure to state a claim is rendered MOOT (Doc. 85). Accordingly, the Court GRANTS Amsted's motion and DISMISSES Tianrui with prejudice.
IT IS SO ORDERED.
David R. Herndon Chief Judge United States District Court
© 1992-2012 VersusLaw Inc.