Ala. Power Co. v. Breitburn Operating L.P.

Full title: ALABAMA POWER COMPANY, Plaintiff, v. BREITBURN OPERATING L.P., Defendant.

Court: United States District Court, Southern District of Alabama

Date published: Mar 21, 2022

Civ. ACT. 1:21-cv-471-TFM-B (S.D. Ala. Mar. 21, 2022)

Opinion

Civ. ACT. 1:21-cv-471-TFM-B

03-21-2022

ALABAMA POWER COMPANY, Plaintiff, v. BREITBURN OPERATING L.P., Defendant.

TERRY F. MOORER, UNITED STATES DISTRICT JUDGE

ORDER

TERRY F. MOORER, UNITED STATES DISTRICT JUDGE

Pending before the court is a Joint Stipulation of Dismissal with Prejudice (Doc. 25, filed March 9, 2022) in which the parties jointly agree to dismiss all claims with prejudice. The Rules of Civil Procedure permit a plaintiff to voluntarily dismiss the action without an order of the court “by filing a notice of dismissal before the opposing party serves either an answer or a motion for summary judgment” or “a stipulation signed by all parties who have appeared.” Fed.R.Civ.P. 41(a)(1)(A).

Here, the joint stipulation is signed by both sides. Consequently, by operation of Fed.R.Civ.P. 41(a)(1)(A)(ii), this action has been dismissed in accordance with the joint notice. Therefore, this case is dismissed with prejudice with each party to bear their own attorneys' fees and costs.

The Clerk of the Court is DIRECTED to close this case.