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Triumphe Casualty Company v. Christina Gerlach

UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF ILLINOIS


September 12, 2012

TRIUMPHE CASUALTY COMPANY, PLAINTIFF,
v.
CHRISTINA GERLACH, DUANE GERLACH, JOEL LEIN, NEW YORK POPS, LLC, STATE FARM INSURANCE COMPANY AND ALLSTATE INSURANCE COMPANY, 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 Motion to Voluntarily Dismiss with prejudice (Doc. 6) filed by plaintiff Triumphe Casualty Company, which the Court construes 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 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 plaintiff has an absolute right to dismiss this case at the present time, the Court finds that this action is DISMISSED with prejudice and DIRECTS the Clerk of Court to close this case.

IT IS SO ORDERED.

J. Phil Gilbert

20120912

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