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- ilnd;;1:16-cv-02432_de283 RegisterActionDate "2017-06-03" @default.
- ilnd;;1:16-cv-02432_de283 RegisterActionDescriptionText "MINUTE entry before the Honorable Edmond E. Chang: With regard to Plaintiff Samuel Umunna's notice of voluntary dismissal, R. 280, a search of the docket shows that no answer of summary judgment motion has been filed, and therefore Plaintiff Umunna is authorized to voluntarily dismiss the case Federal Rule of Civil Procedure 41(a)(1)(A)(i). The notice states, however, that the dismissal is without prejudice. Because Plaintiff Umunna is pro se, the Court notes for his information that there are instances when a voluntary dismissal is considered to be with prejudice, specifically, "if the plaintiff previously dismissed any federal- or state-court action based on or including the same claim, a notice of dismissal operates as an adjudication on the merits." Fed. R. Civ. P. 41(a)(1)(B). If Plaintiff Umunna brings another case against the Defendants, then the Defendants may invoke that provision, if applicable. Also, the notice states that the dismissal is without costs. The absence of costs-shifting for the action itself is authorized, but the Court notes that, because both Plaintiffs are jointly and severally liable for the costs and fees incurred by Urban Partnership in seeking the remand, see R. 254, Plaintiff Umunna still will be liable for those costs and fees. In other words, the dismissal does not affect the order for costs and fees as to the Urban Partnership remand. With these warnings in place, Plaintiff Umunna's claims are dismissed under Rule 41(a)(1)(A)(i). The Clerk shall maintain his appearance on the docket, however, so that he may continue to receive notices for purposes of the Urban Partnership costs and fees. Emailed and mailed notice (Chang, Edmond) (Entered: 06/03/2017)" @default.
- ilnd;;1:16-cv-02432_de283 AdministrativeID "283" @default.