Opinion
Civil Action No. 10-cv-01345-PAB-MJW
03-15-2012
WALTER L. HUERY, Plaintiff, v. MS. POPE, C.D.O.C., NURSE RONDA KATZENMEYER, PHP-CHP, B. v. C.F., LAURENCE, THEODORE L. PHP, C.D.O.C., B. v. C.F., and Defendants.
Judge Philip A. Brimmer
ORDER OF DISMISSAL
This matter is before the Court on the Stipulation of Dismissal [Docket No. 56] filed by the remaining parties in this matter, plaintiff Walter L. Huery and defendants Pope, Katzenmeyer and Laurence. The parties "stipulate to dismiss this case 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 are dismissed without 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