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Erickson v. Axcera Welfare Benefit Plan

UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO
Feb 7, 2013
Civil Action No. 11-cv-00394-PAB-BNB (D. Colo. Feb. 7, 2013)

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:

_________________________

PHILIP A. BRIMMER

United States District Judge


Summaries of

Erickson v. Axcera Welfare Benefit Plan

UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO
Feb 7, 2013
Civil Action No. 11-cv-00394-PAB-BNB (D. Colo. Feb. 7, 2013)
Case details for

Erickson v. Axcera Welfare Benefit Plan

Case Details

Full title:RUSSELL ERICKSON, Plaintiff, v. AXCERA WELFARE BENEFIT PLAN, an ERISA…

Court:UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO

Date published: Feb 7, 2013

Citations

Civil Action No. 11-cv-00394-PAB-BNB (D. Colo. Feb. 7, 2013)