Opinion
CASE NO.: 3:08cv248/MCR/EMT.
August 15, 2008
ORDER
This matter is before the undersigned on the Joint Stipulation for Dismissal with Prejudice as to Defendant National Imaging Associates, Inc. Only, which was filed by plaintiff August 13, 2008. (Doc. 13). The Federal Rules of Civil Procedure provide that an action may be dismissed upon filing a stipulation of dismissal signed by all parties who have appeared in the action. Fed.R.Civ.P. 41(a)(1)(ii). As the stipulation does not contain a signature on behalf of all parties, dismissal cannot be entered. Pursuant to Rule 41(a)(1)(ii), plaintiff may file a stipulation for dismissal signed by all parties appearing in the action, or otherwise file a motion for dismissal under Rule 41(a)(2).
Motions filed must be in compliance with N.D. Fla. Loc. R. 7.1(B).