Opinion
Civil Action No. 11-cv-00475-PAB-CBS
12-23-2011
CEDARBURG PHARMACEUTICALS, INC., Plaintiff, v. MBC PHARMA, INC., a Colorado corporation, and JUDICIAL ARBITER GROUP, INC., a Colorado corporation, Defendants.
Judge Philip A. Brimmer
ORDER
This matter comes before the Court on the Stipulation of Dismissal With Prejudice [Docket No. 54-1] pursuant to Fed. R. Civ. P. 41(a)(1)(A)(ii) filed by plaintiff and defendant MBC Pharma, Inc.
Pursuant to Rule 41(a)(1)(A)(ii) of the Federal Rules of Civil Procedure, the parties may voluntarily dismiss a case without a court order by filing: "(ii) a stipulation of dismissal signed by all parties who have appeared." Fed. R. Civ. P. 41(a)(1)(A)(ii). All of the parties who have appeared in the case have not signed the stipulation. Docket No. 54-1 at 2. Therefore, Rule 41(a)(1)(A)(ii) is inapplicable.
Nevertheless, Rule 41(a)(2) allows for the dismissal of all claims against a particular defendant. Accordingly, the Court construes the stipulation as a motion to dismiss all claims against defendant MBC Pharma, Inc. pursuant to Rule 41(a)(2).
Therefore, it is
ORDERED that the Stipulation of Dismissal With Prejudice [Docket No. 54-1] is CONVERTED into a Rule 41 Motion for Dismissal with Prejudice and is GRANTED. It is further
ORDERED that, pursuant to Fed. R. Civ. P. 41(a), all of plaintiff's claims against defendant MBC Pharma, Inc. are dismissed with prejudice, with each party to bear its own attorney's fees and costs. It is further
ORDERED that this case shall be closed in its entirety.
BY THE COURT:
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PHILIP A. BRIMMER
United States District Judge