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First Specialty Insurance Corporation v. Mike Dover Corporation

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


October 25, 2012

FIRST SPECIALTY INSURANCE CORPORATION, PLAINTIFF,
v.
MIKE DOVER CORPORATION, AMANDA J. STACEY, ESTATE OF JASON E. STACEY, SOUTHERN MINERALS, INC., AND SUPERIOR PROCESSING, INC., 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 First Specialty Insurance Corporation's stipulation of dismissal without prejudice (Doc. 39) pursuant to Federal Rules of Civil Procedure 41(a)(1)(A)(i) & (ii).

Pursuant to Federal Rule of Civil Procedure 41(a)(1)(A)(i), plaintiff may dismiss defendants by filing "a notice of dismissal before the opposing party serves either an answer or a motion for summary judgment." 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." Here, defendants Superior Processing, Inc. and Southern Minerals, Inc. have not appeared in this case. Defendants Mike Dover Corporation, Amanda J. Stacey, and the Estate of Jason E Stacey have stipulated to the dismissal. Because plaintiff has an absolute right to dismiss this case pursuant to a notice and stipulation under Rules 41(a)(1)(A)(i) & (ii), the Court finds that the claims against all defendants are DISMISSED without prejudice. As no parties remain in the present case, the Court DIRECTS the Clerk of Court to close this case.

IT IS SO ORDERED.

J. Phil Gilbert

20121025

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