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Darwin Select Insurance Co. v. McKinzie

United States District Court, Seventh Circuit

December 5, 2013

DARWIN SELECT INSURANCE COMPANY, Plaintiff,
v.
KHAHA MOHSIN, M.D. and CLARENCE MCKINZIE, JR., Defendants.

MEMORANDUM AND ORDER

J. PHIL GILBERT, District Judge.

This matter comes before the Court on the Notice of Voluntary Dismissal (Doc. 6) pursuant to Federal Rule of Civil Procedure 41(a)(1)(A)(i) filed by plaintiff Darwin Select Insurance Company. 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. No defendant has 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 without prejudice and DIRECTS the Clerk of Court to close this case.

IT IS SO ORDERED.


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