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Johnnie Ault, Individually and As Special Administrator of the Estate of Bryan W. Ault, Deceased v. Schlumberger

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


October 15, 2012

JOHNNIE AULT, INDIVIDUALLY AND AS SPECIAL ADMINISTRATOR OF THE ESTATE OF BRYAN W. AULT, DECEASED, PLAINTIFF,
v.
SCHLUMBERGER, LTD., TRANSOCEAN, LTD, HARBINGER GROUP, INC., AND BP, PLC., 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 plaintiff Johnnie Ault's and defendant Harbinger Group, Inc.'s joint stipulation of dismissal without prejudice (Doc. 22) pursuant to Federal Rule of Civil Procedure 41(a)(1)(A)(ii).

Federal Rule of Civil Procedure 41(a)(1)(A)(ii) provides that "a plaintiff may dismiss an action without a court order by filing a stipulation of dismissal signed by all parties who have appeared." Because plaintiff has an absolute right to dismiss this case pursuant to a stipulation under Rule 41(a)(1)(A)(ii), the Court finds that the claims against defendant Harbinger Group, Inc., are DISMISSED without prejudice.

IT IS SO ORDERED.

J. Phil Gilbert

20121015

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