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Aspen Speciality Insurance Co. v. Metro East Title Corp.

United States District Court, Seventh Circuit

January 17, 2014

ASPEN SPECIALITY INSURANCE COMPANY, Plaintiff,
v.
METRO EAST TITLE CORPORATION, KAREN STEINKE, MARVIN STEINKE and WFG NATIONAL TITLE INSURANCE COMPANY, Defendants.

MEMORANDUM AND ORDER

J. PHIL GILBERT, District Judge.

This matter comes before the Court on the Notice of Voluntary Dismissal of all claims against defendant Marvin Steinke (Doc. 23) pursuant to Federal Rule of Civil Procedure 41(a)(1)(A)(i) filed by plaintiff Aspen Specialty Insurance Company. Rule 41(a)(1)(A)(i) allows a plaintiff to dismiss an action against a defendant without a court order at any time before the opposing party serves an answer or a motion for summary judgment. Defendant Marvin Steinke has not served an answer or motion for summary judgment in this case. Because the plaintiff has an absolute right to dismiss this case as against defendant Marvin Steinke at the present time, the Court finds that all claims in this case against defendant Marvin Steinke are DISMISSED without prejudice and DIRECTS the Clerk of Court to enter judgment accordingly at the close of the case. This voluntary dismissal renders MOOT defendant Marvin Steinke's motion to dismiss for failure to mediate (Doc. 19) and motion to stay (Doc. 20).

IT IS SO ORDERED.


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