VENICE PROPERTIES, LLC v. U.S., 3:14-cv-542-JPG-SCW. (2015)
Court: District Court, S.D. Illinois
Number: infdco20150212780
Visitors: 8
Filed: Feb. 11, 2015
Latest Update: Feb. 11, 2015
Summary: MEMORANDUM AND ORDER J. PHIL GILBERT, District Judge. This matter comes before the Court on plaintiff Venice Properties, LLC's response to the Court's January 13, 2015, order to show cause why the Court should not construe its failure to timely respond to the defendant's motion for summary judgment as an admission of the merits of the motion and grant summary judgment in the defendant's favor (Doc. 14). In its response, Venice Properties, LLC, asks the Court to dismiss this case without preju
Summary: MEMORANDUM AND ORDER J. PHIL GILBERT, District Judge. This matter comes before the Court on plaintiff Venice Properties, LLC's response to the Court's January 13, 2015, order to show cause why the Court should not construe its failure to timely respond to the defendant's motion for summary judgment as an admission of the merits of the motion and grant summary judgment in the defendant's favor (Doc. 14). In its response, Venice Properties, LLC, asks the Court to dismiss this case without prejud..
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MEMORANDUM AND ORDER
J. PHIL GILBERT, District Judge.
This matter comes before the Court on plaintiff Venice Properties, LLC's response to the Court's January 13, 2015, order to show cause why the Court should not construe its failure to timely respond to the defendant's motion for summary judgment as an admission of the merits of the motion and grant summary judgment in the defendant's favor (Doc. 14). In its response, Venice Properties, LLC, asks the Court to dismiss this case without prejudice pursuant to Federal Rule of Civil Procedure 41(a)(2). 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 defendant has not formally responded to the plaintiff's request, but it has indicated in an e-mail to the Court that it has no objection to dismissal of this case without prejudice. In the absence of objection from the defendant, the Court DISMISSES this case without prejudice pursuant to Rule 41(a)(2) and DIRECTS the Clerk of Court to terminate all pending motions and close this case.
IT IS SO ORDERED.
Source: Leagle
