USA v. PGB Hanger, LLC
| USA |
| PGB Hanger, LLC |
| 3:2018cv01450 |
| July 27, 2018 |
| US District Court for the Southern District of Illinois |
| East St. Louis Office |
| XX US, Outside State |
| Michael J Reagan |
| Stephen C Williams |
| Contract: Other |
| 28 U.S.C. ยง 1331 |
| None |
Docket Report
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| Document Text |
|---|
Filing 6
ORDER re #5 NOTICE of Voluntary Dismissal without prejudice filed by Plaintiff: Federal Rule of Civil Procedure 41(a)(1)(A) permits dismissal of a case without a court order by two methods: (i) the plaintiff files a notice of dismissal before the opposing party serves an answer or summary judgment motion; or (ii) the plaintiff files a stipulation of dismissal signed by all parties who have appeared. In the instant case, the Defendants have not yet been served, nor have they answered the complaint or filed any dispositive motions. On September 4, 2018, Plaintiff filed a notice of voluntary dismissal without prejudice pursuant to Rule 41(a)(1)(A)(ii). See Doc. #5 . Given the procedural posture of the case, such dismissal is available to the Plaintiff, and the Court need take no further action. The notice effected the dismissal of this suit, without prejudice. See, e.g., Kuznar v. Kuznar, 775 F.3d 892, 896 (7th Cir. 2015) (Rule 41(a)(1)(A) dismissal notice is self-executing and effective without action by the court); National Inspection & Repairs, Inc. v. George S. May Intern. Co., 600 F.3d 878, 883 (7th Cir. 2010) ("Claims dismissed pursuant to Rule 41(a)(1) are complete on the dismissal without any action by the district judge."); Szabo Food Service, Inc. v. Canteen Corp., 823 F.2d 1073, 1078 (7th Cir. 1987)(a Rule 41(a)(1)(i) dismissal terminates the case "all by itself"), cert. denied, 485 U.S. 901 (1988). Signed by Chief Judge Michael J. Reagan on 9/5/2018. (rah)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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| Filing 5 NOTICE of Voluntary Dismissal by USA (Hanna, Adam) |
| Filing 4 Notice of Judge Assignment. Chief Judge Michael J. Reagan and Magistrate Judge Stephen C. Williams assigned. All future documents must bear case number 18-1450-MJR-SCW. If the parties consent to Magistrate Judge assignment, the consent form with instruction is attached for your convenience. Refer to Civil/Removal Case Processing Requirements, found on the ILSD website, for further service information. (kek) |
| Filing 3 MOTION for APPLICATION for Writ of Prejudgment Attachment by USA. (Attachments: #1 Exhibit 1)(Hanna, Adam) |
| Filing 2 NOTICE of Appearance by Adam E. Hanna on behalf of USA (Hanna, Adam) |
| Filing 1 COMPLAINT against PGB Hanger, LLC, filed by USA. (Attachments: #1 Civil Cover Sheet)(Hanna, Adam) |
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| Defendant: PGB Hanger, LLC | |
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| Plaintiff: USA | |
| Represented By: | Adam E. Hanna |
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