Opinion
Case Number: 02 C 2401
September 27, 2002
MEMORANDUM OPINION AND ORDER
On July 19, 2002, plaintiffs and plaintiff-intervenors filed a motion to voluntarily dismiss this case without prejudice, pursuant to Federal Rule of Civil Procedure 41(a)(2). The court then raised with the parties the possibility of ordering, as a condition or term of such voluntary dismissal, plaintiffs and plaintiff-intervenors to pay defendant-intervenors' costs and attorneys' fees related to the latter's motion for judgment on the pleadings. Then on September 18, 2002, the court received an amended joint memorandum in response to the Rule 41 motion, filed on behalf of all the defendant-intervenors except LULAC. In this amended response, these defendant-intervenors (Jones, Tully, Flynn Currie, DeMuzio, Ramirez, Ewell, and the African-American Working Group on Reapportionment) affirmatively disclaimed any interest in having their attorneys' fees paid as a condition of the voluntary dismissal. The original defendant, the Illinois State Board of Elections, has not at all opposed the Rule 41 motion as is — a dismissal without prejudice and without imposing attorney's fees a condition of such dismissal. Thus, the only party objecting to the Rule 41 motion is defendant-intervenor LULAC, which argues the dismissal should either be with prejudice or conditioned on the payment of attorneys fees. Because defendant and the vast majority of defendant-intervenors do not oppose the motion to voluntarily dismiss without prejudice, the court will grant it. It does note, however, that certain intervening plaintiffs have agreed to dismiss the case with prejudice as to them; these are plaintiff-intervenors Zickus, the Midwest Community Council, and FORUM.
For the reasons stated above, plaintiffs' and plaintiff-intervenors' motion to voluntarily dismiss without prejudice under 41(a)(2) is granted. No costs or attorneys' fees are required as a condition or term of such dismissal. This case is hereby dismissed without prejudice as to plaintiffs Barnett, Jackson, and Black, and plaintiff-intervenors Badillo and Estrada. The case is dismissed with prejudice as to plaintiff-intervenors Zickus, the Midwest Community Council, and FORUM.
JUDGMENT IN A CIVIL CASE
Decision by Court. This action came to trial or hearing before the Court. The issues have been tried or heard and a decision has been rendered.
IT IS HEREBY ORDERED AND ADJUDGED that plaintiffs' and plaintiff-intervenors' motion to voluntarily dismiss without prejudice is granted. This case is hereby dismissed without prejudice as to plaintiffs Barnett, Jackson, and Black, and plaintiff-intervenors Badillo and Estrada. The case is dismissed with prejudice as to the remaining plaintiff-intervenors, Zickus, the Midwest Community Council, and FORUM. This case is now dismissed in its entirety.
All orders in this case are now final and appealable.