Opinion
Case No: 2:15-cv-307-FtM-38DNF
06-29-2015
NINA KINDER, Plaintiff, v. ALLERGY & ARTHRITIS TREATMENT CENTERS, LLC, Defendant.
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This matter comes before the Court on Plaintiff Nina Kinder and Defendant Allergy & Arthritis Treatment Centers, LLC's Joint Stipulation for Dismissal With Prejudice (Doc. #11) filed on June 26, 2015. The parties file this stipulation under Rule 41(a)(2) of the Federal Rules of Civil Procedure (Doc. #11), which provides that "an action may be dismissed at the plaintiff's request only by court order, on terms that the court considers proper." "The district court enjoys broad discretion in determining whether to allow a voluntary dismissal under Rule 41(a)(2)." Pontenberg v. Boston Scientific Corp., 252 F.3d 1253, 1255 (11th Cir. 2001) (citation omitted). "[I]n most cases a dismissal should be granted unless the defendant will suffer clear legal prejudice, other than the mere prospect of a subsequent lawsuit, as a result." McCants v. Ford Motor Co., Inc., 781 F.2d 855, 856-57 (11th Cir. 1986).
Here, Plaintiff initiated this suit on May 15, 2015. (Doc. #1). The parties now stipulate to an order by the Court to dismiss this case with prejudice and with each side to bear its own fees and costs. (Doc. #11). Under these circumstances, the Court finds dismissing this case with prejudice to be warranted.
Accordingly, it is now
ORDERED:
(1) Plaintiff Nina Kinder and Defendant Allergy & Arthritis Treatment Centers, LLC's Joint Stipulation for Dismissal With Prejudice (Doc. #11) is GRANTED. The above-captioned case is DISMISSED with prejudice.
(2) The Clerk of Court is DIRECTED to enter judgment accordingly, terminate any pending motions, and close the case.
DONE and ORDERED in Fort Myers, Florida this 29th day of June, 2015.
/s/ _________
SHERI POLSTER CHAPPELL
UNITED STATES DISTRICT JUDGE
Copies: All Parties of Record