AMSTED INDUSTRIES INCORPORATED v. TIANRUI GROUP FOUNDRY COMPANY, LTD., 11-cv-659-DRH-SCW. (2012)
Court: District Court, S.D. Illinois
Number: infdco20120215774
Visitors: 3
Filed: Feb. 14, 2012
Latest Update: Feb. 14, 2012
Summary: ORDER DAVID R. HERNDON, Chief District Judge. Pending before the Court is plaintiff Amsted Industries Incorporated's (Amsted) motion to dismiss defendant Tianrui Group Foundry Company, Ltd. (Tianrui) with prejudice pursuant to FEDERAL RULE OF CIVIL PROCEDURE 41(a)(2) (Doc. 87). Rule 41(a)(2) allows a court to consider whether it is proper to order a party dismissed, upon the plaintiff's motion. "The determination of whether to grant a motion for voluntary dismissal rests within the sound disc
Summary: ORDER DAVID R. HERNDON, Chief District Judge. Pending before the Court is plaintiff Amsted Industries Incorporated's (Amsted) motion to dismiss defendant Tianrui Group Foundry Company, Ltd. (Tianrui) with prejudice pursuant to FEDERAL RULE OF CIVIL PROCEDURE 41(a)(2) (Doc. 87). Rule 41(a)(2) allows a court to consider whether it is proper to order a party dismissed, upon the plaintiff's motion. "The determination of whether to grant a motion for voluntary dismissal rests within the sound discr..
More
ORDER
DAVID R. HERNDON, Chief District Judge.
Pending before the Court is plaintiff Amsted Industries Incorporated's (Amsted) motion to dismiss defendant Tianrui Group Foundry Company, Ltd. (Tianrui) with prejudice pursuant to FEDERAL RULE OF CIVIL PROCEDURE 41(a)(2) (Doc. 87). Rule 41(a)(2) allows a court to consider whether it is proper to order a party dismissed, upon the plaintiff's motion. "The determination of whether to grant a motion for voluntary dismissal rests within the sound discretion of the district court." Tyco Labs., Inc. v. Koppers Co., Inc., 627 F.2d 54, 56 (7th Cir. 1980). As Amsted informs the Court it has entered into a confidential settlement agreement with Tianrui, the Court finds said dismissal is proper. Further, as Tianrui is no longer a party to this action, the Court holds its motion to dismiss for failure to state a claim is rendered MOOT (Doc. 85). Accordingly, the Court GRANTS Amsted's motion and DISMISSES Tianrui with prejudice.
IT IS SO ORDERED.
Source: Leagle
