VANHOOSE v. STARK, 14-cv-416-JPG-PMF. (2014)
Court: District Court, S.D. Illinois
Number: infdco20141120c40
Visitors: 5
Filed: Nov. 19, 2014
Latest Update: Nov. 19, 2014
Summary: MEMORANDUM AND ORDER AND 60-DAY ORDER J. PHIL GILBERT, District Judge. This matter comes before the Court on the motion to voluntarily dismiss defendants Chris Flynn, David W. Hornacek, Jr. and Christie Rasmussen with prejudice pursuant to Federal Rule of Civil Procedure 41(a)(2) filed by plaintiff Bradley Vanhoose (Doc. 38). Rule 41(a)(2) provides that only the Court may dismiss an action after an adverse party has filed an answer or motion for summary judgment and in the absence of a stipul
Summary: MEMORANDUM AND ORDER AND 60-DAY ORDER J. PHIL GILBERT, District Judge. This matter comes before the Court on the motion to voluntarily dismiss defendants Chris Flynn, David W. Hornacek, Jr. and Christie Rasmussen with prejudice pursuant to Federal Rule of Civil Procedure 41(a)(2) filed by plaintiff Bradley Vanhoose (Doc. 38). Rule 41(a)(2) provides that only the Court may dismiss an action after an adverse party has filed an answer or motion for summary judgment and in the absence of a stipula..
More
MEMORANDUM AND ORDER AND 60-DAY ORDER
J. PHIL GILBERT, District Judge.
This matter comes before the Court on the motion to voluntarily dismiss defendants Chris Flynn, David W. Hornacek, Jr. and Christie Rasmussen with prejudice pursuant to Federal Rule of Civil Procedure 41(a)(2) filed by plaintiff Bradley Vanhoose (Doc. 38). Rule 41(a)(2) provides that only the Court may dismiss an action after an adverse party has filed an answer or motion for summary judgment and in the absence of a stipulation of dismissal of an entire case signed by all the parties. The Court finds no reason to deny the plaintiff's request since dismissal will be with prejudice. Accordingly, the Court GRANTS the motion (Doc. 38) and DISMISSES defendants Chris Flynn, David W. Hornacek, Jr. and Christie Rasmussen with prejudice.
Having been advised by counsel for the parties that the remaining claims in the above action have settled but that additional time is needed to consummate the settlement, the Court DIRECTS the Clerk of Court to enter judgment of dismissal of the entire with prejudice and without costs 60 days from the date of this order. Should the parties fail to consummate settlement within 60 days, they may petition the Court to delay entry of judgment until a later date. In light of the settlement, the Court DENIES all motions pending in this case as moot and VACATES all court dates in this case.
IT IS SO ORDERED.
Source: Leagle
