Opinion
Civil Action No. 11-cv-00394-PAB-BNB
02-07-2013
RUSSELL ERICKSON, Plaintiff, v. AXCERA WELFARE BENEFIT PLAN, an ERISA Welfare Benefit Plan, and AXCERA, LLC, a Delaware limited liability company, Defendants.
Judge Philip A. Brimmer
ORDER OF DISMISSAL
This matter is before the Court on the Joint Stipulation for Dismissal [Docket No. 139] filed by the remaining parties in this matter, plaintiff Russell Erickson and defendants Axcera Welfare Benefit Plan and Axcera, LLC. The parties "stipulate for the dismissal of this matter in its entirety." The stipulation, however, was not signed by "by all parties who have appeared." Fed. R. Civ. P. 41(a)(1)(A)(ii); see Anderson-Tully Co. v. Federal Ins. Co., 347 F. App'x 171, 176 (6th Cir. 2009) (under Fed. R. Civ. P. 41(a)(1)(A)(ii), "all parties who have appeared" includes both current and former parties). As a result, the stipulation of dismissal, by itself, does not serve to dismiss this action. The Court, however, having reviewed the stipulation, finds that dismissal is appropriate. Therefore, pursuant to Fed. R. Civ. P. 41(a)(2), it is
ORDERED that all claims by and between plaintiff and defendants Axcera Welfare Benefit Plan and Axcera, LLC are dismissed with prejudice, each party to bear its own costs and attorneys' fees. 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