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Employers and Operating Engineers Local 520 Pension Fund, et al v. Maul Excavating

October 18, 2012

EMPLOYERS AND OPERATING ENGINEERS LOCAL 520 PENSION FUND, ET AL., PLAINTIFFS,
v.
MAUL EXCAVATING, INC., DEFENDANT.



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

MEMORANDUM AND ORDER

This matter comes before the Court on plaintiffs' dismissal without prejudice (Doc. 9). Pursuant to Federal Rule of Civil Procedure 41(a)(1)(A)(i) the plaintiff may dismiss an action without a court order by filing a notice of dismissal before the opposing party answers. Here, the defendant has not answered plaintiffs' complaint. Accordingly, because the plaintiffs have an absolute right to dismiss this case, the Court DISMISSES this case. Further, as this case is now dismissed, the Court DENIES plaintiffs' motion for default order to compel an accounting (Doc. 6) as moot.

IT IS SO ORDERED.

J. Phil Gilbert

20121018

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