Bell v. Transunion, LLC, 3:17-cv-01019-JPG-SCW. (2017)
Court: District Court, S.D. Illinois
Number: infdco20171207a99
Visitors: 8
Filed: Dec. 06, 2017
Latest Update: Dec. 06, 2017
Summary: MEMORANDUM & ORDER J. PHIL GILBERT , District Judge . This matter comes before the Court on the plaintiff's motion for voluntary dismissal. (Doc. 21.) The plaintiff does not state under which Federal Rule of Civil Procedure he brings his motion, so the Court construes it under Rule 41(a)(2). That rule provides that only the Court may dismiss an action on terms it considers proper when either (1) an adverse party has filed an answer or motion for summary judgment, or (2) there is no stipula
Summary: MEMORANDUM & ORDER J. PHIL GILBERT , District Judge . This matter comes before the Court on the plaintiff's motion for voluntary dismissal. (Doc. 21.) The plaintiff does not state under which Federal Rule of Civil Procedure he brings his motion, so the Court construes it under Rule 41(a)(2). That rule provides that only the Court may dismiss an action on terms it considers proper when either (1) an adverse party has filed an answer or motion for summary judgment, or (2) there is no stipulat..
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MEMORANDUM & ORDER
J. PHIL GILBERT, District Judge.
This matter comes before the Court on the plaintiff's motion for voluntary dismissal. (Doc. 21.) The plaintiff does not state under which Federal Rule of Civil Procedure he brings his motion, so the Court construes it under Rule 41(a)(2). That rule provides that only the Court may dismiss an action on terms it considers proper when either (1) an adverse party has filed an answer or motion for summary judgment, or (2) there is no stipulation of dismissal signed by all the parties.
Here, the plaintiff indicates that he believes the defendant is "being truthful" and that there is "no point" in continuing the litigation. And at the hearing in front of Magistrate Judge Williams on December 1, 2017, the defendant indicated that it had no objection to plaintiff's motion to dismiss with each party to bear its own costs. Accordingly, the Court finds plaintiff's motion proper under Rule 41(a)(2) and DISMISSES this case. The Clerk of Court is DIRECTED to enter judgment accordingly.
IT IS SO ORDERED.
Source: Leagle
