Catlin Specialty Insurance Company v. M.E. Farmer Construction, LLC et al

Filing 15

ORDER DISMISSING CASE. Plaintiff's 14 Stipulation is construed as a Notice of Voluntary Dismissal of the case without prejudice pursuant to Rule 41(a)(1)(A)(i). It is ORDERED that the Plaintiff's case is DISMISSED without prejudice, costs taxed as paid. Signed by Judge Kristi K. DuBose on 8/1/2011. copies to parties. (sdb)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ALABAMA
SOUTHERN DIVISION
CATLIN SPECIALITY INS. CO.,
Plaintiff,
vs.
M.E. FARMER CONSTRUCTION, LLC,
et. al,
Defendants.

)
)
)
)
)
)
)
)

CIVIL ACTION NO. 09-00333-KD-M

ORDER
This matter is before the Court on the Plaintiff=s AStipulation of Dismissal” of this case
pursuant to Rule 41(a)(1) of the Federal Rules of Civil Procedure (Doc. 14), in which the
Plaintiff stipulates to the dismissal of this case with costs taxed as paid.
While the Stipulation is signed by counsel for Plaintiff, it is not signed by counsel for the
remaining parties. Because all of the parties have not joined in the Stipulation as required under
Rule 41(a)(1)(A)(ii) and the two (2) remaining defendants have neither served an answer or a
motion for summary judgment, Plaintiff=s Astipulation@ is construed as a Notice of Voluntary
Dismissal of the case without prejudice1 pursuant to Rule 41(a)(1)(A)(i).
Accordingly, it is hereby ORDERED that the Plaintiff=s case is DISMISSED without
prejudice, costs taxed as paid.
DONE and ORDERED this the 1st day of August 2011.
/s / Kristi K DuBose
KRISTI K. DuBOSE
UNITED STATES DISTRICT JUDGE

1

Rule 41(a)(1)(B) provides that A[u]nless the notice or stipulation states otherwise, the dismissal
is without prejudice.@ FED.R.CIV.P. Rule 41(a)(1)(B). Here, the Plaintiff=s stipulation does not Astate
otherwise@ and thus, this case is dismissed without prejudice.