Opinion
Case No: 2:15-cv-162-FtM-38CM
08-31-2015
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This matter is before the Court on the Parties' Stipulation of Dismissal with Prejudice filed on August 26, 2015. (Doc. #30). Rule 41(a)(1)(A) of the Federal Rules of Civil Procedure allows a plaintiff to dismiss a case voluntarily without a court order. Rule 41(a)(1)(A) reads, in pertinent part, that
[s]ubject to Rules 23(e), 23.1, 23.2 and 66 and any applicable federal statute, the plaintiff may dismiss an action without a court order by filing: (i) A notice of dismissal before the opposing party serves either an answer or a motion for summary judgment; or (ii) A stipulation of dismissal signed by all parties who have appeared.Fed. R. Civ. P. 41(a)(1)(A).
In this instance, the Parties stipulate to dismissal under Rule 41(a)(1)(A)(ii). (Doc. #30). Because all the Parties who have appeared have signed the Stipulation, the Court finds good cause to dismiss the case.
Accordingly, it is now
ORDERED:
(1) The Parties' Stipulation of Dismissal with Prejudice (Doc. #30) is GRANTED.
(2) This case is DISMISSED with prejudice.
(3) The Clerk of the Court is DIRECTED to enter judgment accordingly, terminate any pending motions, and close the file.
DONE and ORDERED in Fort Myers, Florida, this 31st day of August, 2015.
/s/ _________
SHERI POLSTER CHAPPELL
UNITED STATES DISTRICT JUDGE
Copies: All Parties of Record