Opinion
NO. 3:15-CV-00037-DMB-SAA
10-09-2015
GEORGE CZEISZPERGER PLAINTIFF v. PRUDENTIAL GROUP LIFE INSURANCE; D.L., a minor DEFENDANTS
FINAL JUDGMENT
In accordance with the "Stipulation of Voluntary Dismissal, with Prejudice Pursuant to F.R.C.P.(a)(1)(A)(i)" [38] filed on October 6, 2015, this matter is DISMISSED with prejudice, with each party to bear its own costs and attorney's fees.
Although the document filed is titled a stipulation and purports to dismiss the action pursuant to Rule 41(a)(1)(A)(i), stipulations of dismissal are governed by Rule 41(a)(1)(A)(ii). Additionally, subparagraph (i) dismissals may not be used to dismiss a party who has filed an answer. Both Defendants in this action have filed answers. See Doc. #11; Doc. #34. Accordingly, the Court interprets the document filed as seeking dismissal pursuant to subparagraph (ii). --------
SO ORDERED, this 9th day of October, 2015.
/s/ Debra M. Brown
UNITED STATES DISTRICT JUDGE