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Montileone v. Morgan

United States District Court, Seventh Circuit

January 10, 2014

TIMOTHY MONTILEONE, Individually and on behalf of all others similarly situated, Plaintiffs,
v.
KEITH MORGAN, , Defendants.

MEMORANDUM AND ORDER

J. PHIL GILBERT, District Judge.

This matter comes before the Court on plaintiffs' motion to dismiss without prejudice defendant Keith Morgan (Doc. 17) which the Court construes as a notice of dismissal. Pursuant to Federal Rule of Civil Procedure 41(a)(1)(A)(i) a plaintiff may dismiss a defendant without a court order by filing "a notice of dismissal before the opposing party serves either an answer or a motion for summary judgment." Here, Morgan has filed neither an answer nor a motion for summary judgment. Accordingly, the Court GRANTS plaintiffs' motion (Doc. 17) and finds that defendant Keith Morgan is DISMISSED from this case.

IT IS SO ORDERED.


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