Abercrombie, IV v. BP Exploration & Production, Inc. et al

Filing 26

ORDER DISMISSING CASE with prejudice with each party to bear their own attorney's fees and costs as set out. Clerk is DIRECTED to close this case. Signed by Senior District Judge William T Moore, Jr on 12/16/2019. (srd)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ALABAMA
SOUTHERN DIVISION
JAMES DOUGLAS
ABERCROMBIE, IV,
Plaintiff,
v.
BP AMERICA PRODUCTION
COMPANY, et al.,
Defendants.

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Civ. Act. No. 1:19-cv-118-TFM-MU-C

ORDER
Pending before the Court is the parties’ Stipulation of Dismissal With Prejudice, filed
December 13, 2019, in which the parties jointly agree to dismiss all claims against Defendants
with prejudice, pursuant to Fed. R. Civ. P. 41(a)(1)(A)(ii) with each party to bear its own costs.
Doc. 25. The Rules of Civil Procedure permit a plaintiff to voluntarily dismiss the action without
an order of the court “by filing a notice of dismissal before the opposing party serves either an
answer or a motion for summary judgment” or “a stipulation signed by all parties who have
appeared.” FED. R. CIV. P. 41(a)(1)(A).
Here, the joint stipulation is signed by both sides. Consequently, by operation of Fed. R.
Civ. P. 41(a)(1)(A)(ii), this action has been dismissed in accordance with the joint notice.
Therefore, the claims in this case are dismissed with prejudice with each party to bear their own
attorneys’ fees and costs.
The Clerk of the Court is DIRECTED to close this case.

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DONE and ORDERED this the 16th day of December 2019.
/s/Terry F. Moorer
TERRY F. MOORER
UNITED STATES DISTRICT JUDGE

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