Opinion
2:20-cv-295-SPC-NPM
07-23-2024
LISA LOSCALZO, Relator, Plaintiff, v. BLUESTONE PHYSICIAN SERVICES OF FLORIDA, LLC, BLUESTONE PHYSICIAN SERVICES, P.A., BLUSTONE NATIONAL, LLC, TIMOTHY KOEHLER, SARAH KEENAN, TODD STIVLAND, ALL MINNESOTA RESIDENTS, WINDROSE HEALTH INVESTORS, LLC, WINDROSE MEDICAL PROPERTIES LP, THE BLUEVENTURE FUND and SANDBOX INDUSTRIES, Defendants.
ORDER
SHERI POLSTER CHAPPELL, UNITED STATES DISTRICT JUDGE.
Before the Court is the parties' Joint Stipulation of Dismissal under Federal Rule of Civil Procedure 41(a)(1). (Doc. 36). Federal Rule of Civil Procedure 41(a)(1)(A)(i) allows a plaintiff to dismiss an action voluntarily before the opposing party serves either an answer or a motion for summary judgment. Federal Rule of Civil Procedure 41(a)(1)(A)(ii) allows a plaintiff to dismiss an action voluntarily if a stipulation of dismissal is signed by all parties who have appeared. Both dismissals are effective upon filing and require no further action by the Court. See Anago Franchising, Inc. v. Shaz, LLC, 677 F.3d 1272, 1278 (11th Cir. 2012).
No defendant has filed an answer or a motion for summary judgment, and the stipulation is signed by all parties who have appeared.
Accordingly, it is now
ORDERED:
1. The Relator's Amended Complaint (Doc. 24) is DISMISSED in its entirety, including any non-settling defendants, and with prejudice as to Relator.
2. All claims against the Bluestone Defendants regarding the “Covered Conduct” (as defined in the Settlement Agreement) are DISMISSED with prejudice as to the United States, the State of Florida, and the State of Minnesota.
3. Any remaining claims in this action against the Bluestone Defendants and any claims against other defendants named in the Amended Complaint are DISMISSED with prejudice as to Relator and without prejudice as to the United States, the State of Florida, and the State of Minnesota.
DONE and ORDERED.