Mimute Order Form (06/97)

United States District Court, Northern District of Illinois

Name of Assigned Judge Philip G. Reinhard Sitting Judge if Other
or Magistrate Judge for the 3-judge panel than Assigned Judge
CASE NUMBER 02 C 2401 DATE 9/27/2002
CASE Barnett, et al. vs. Illinois State Board of Elections, et al.
TITLE

[In the following box (a) indicate the party filing the motion, ¢.g., plaintiff, defendant, 3rd party plaintiff, and (b) state briefly the
nature of the motion being presented}

MOTION:
Plaintiffs’ and plaintiff-intervenors’ motion to voluntarily dismiss without prejudice
DOCKET ENTRY:
(1) oO Filed motion of [ use listing in “Motion” box above.]
(2) oO Brief in support of motion due
(3) Oo Answer brief to motion due. . Reply to answer brief due__
(4) im Ruling/Hearingon__———sset for__aat
(5) im) Status hearing[held/continued to] [set for/re-set for]on___—s set for at
(6) im) Pretrial conference[held/continued to} [set for/re-set for)on__—ssetfor sat.
(1) a Trial[set for/re-set for]on__at
(8) im [Bench/Jury trial] [Hearing] held/continued to_ at
(9) im This case is dismissed [with/without] prejudice and without costs[by/agreement/pursuant to]
OFRCP4(m) O General Rule21 OFRCP41(a)(1) O FRCP41(a)(2).
a0) «off {Other docket entry] For the reasons stated on the reverse Memorandum Opinion and Order,

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.

[For further detail see order on the reverse side of the original minute ofder.] [esr

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Notified counsel by telephone. dan
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(Reserved for use by the Court)

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 Rule 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.



AO 450(Rev. 5/85)Judgment in a Civil Case

United States District Court

Northern District of Illinois
Western Division

Richard Barnett, et al. JUDGMENT IN A CIVIL CASE

: v. Case Number: 02 C 2401

Illinois State Board of Elections, et al.

Jury Verdict. This action came before the Court for a trial by jury. The issues have been
tried and the jury rendered its verdict.

d
: 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.

3

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.

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02 SEP 27 AM 9:92

Michael W. Dobbins, Clerk of Court

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NOT Al (Dohenm

Susan M. Wessman, Deputy Clerk

Date: 9/27/2002