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Personal Inj. Med. Malpractice | Illinois Southern
Order ~Util - Terminate Motions ~Util - Add and Terminate Parties
ORDER GRANTING in part 70 Motion to Dismiss Defendant Guss. Plaintiff sought to voluntarily dismiss Defendant Guss without prejudice on April 28, 2026 (Doc. 70). However, given the procedural posture of this case, the Court deferred ruling on the matter and provided Plaintiff with an opportunity to explain why Defendant Guss's dismissal should be without prejudice, as opposed to with prejudice (Doc. 71). The Court's Order further stated that if Plaintiff failed to timely file a supplemental memorandum on the issue, Defendant Guss's dismissal would be with prejudice. As of this date, Plaintiff has not filed a supplemental memorandum on this issue. Consequently, Plaintiff's Motion to Voluntarily Dismiss Defendant Guss is GRANTED in part and Defendant Guss is dismissed from this action. However, in light of the Court's prior Order (Doc. 71), Defendant Guss's dismissal is with prejudice. See Jose-Nicolas v. Berry, No. 3:15-CV-964-NJR-DGW, 2018 WL 1466769, at *4 (S.D. Ill. Mar. 2, 2018) (relying upon the Court's inherent authority to dismiss a defendant and holding the dismissal was with prejudice given the case's procedural posture). Signed by Magistrate Judge Mark A. Beatty on 6/15/2026. (scm)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
440 Civil Rights: Other | Illinois Northern
Response
RESPONSE by Sossamma George Sebastinin Opposition to MOTION by Defendant David Finn to dismiss Motion to Dismiss
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