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Love v. Frontier Insurance Company

United States District Court, N.D. Illinois, Eastern Division
Nov 28, 2007
No. 07 C 5714 (N.D. Ill. Nov. 28, 2007)

Opinion

No. 07 C 5714.

November 28, 2007


MEMORANDUM OPINION AND ORDER


Counsel for plaintiff Lakisha Love ("Love") have tendered a document that they caption as "Notice of Dismissal," but the text of which is framed as a motion seeking the entry of an order of voluntary dismissal, as to codefendant National Indemnity Company ("National"). That notice has been scheduled by counsel for presentment on December 6, 2007, the date previously set by this Court to address the motions for dismissal that have been filed by National and the other codefendants in this action.

But that documentation is puzzling, for Fed.R.Civ.P. 41(a)(1) — which is expressly identified as the predicate for Love's voluntary dismissal — provides that a party's mere filing of a notice of dismissal is effective without the need for any court order, so long as the targeted party has not previously filed an answer or a motion for summary judgment. That is certainly true as to National.

Accordingly this Court is treating Love's dismissal of National as effective now, rather than deferring that matter until December 6, and National's counsel need not appear at that time. Instead the December 6 setting will remain in effect, but solely for the purpose of addressing the pending notice of dismissal that has been advanced by the other defendants (collectively termed the "Frontier Defendants").


Summaries of

Love v. Frontier Insurance Company

United States District Court, N.D. Illinois, Eastern Division
Nov 28, 2007
No. 07 C 5714 (N.D. Ill. Nov. 28, 2007)
Case details for

Love v. Frontier Insurance Company

Case Details

Full title:LAKISHA LOVE, etc., Plaintiff, v. FRONTIER INSURANCE COMPANY, et al.…

Court:United States District Court, N.D. Illinois, Eastern Division

Date published: Nov 28, 2007

Citations

No. 07 C 5714 (N.D. Ill. Nov. 28, 2007)