Davis et al v. Matrixx Initiatives, Inc. et al

Filing 14

ORDER granting Stipulation (Doc 1233 in MDL 2096) of Dismissal. ORDERED that this action is dismissed in its entirety and the claims of each named plaintiff are dismissed with prejudice, each party to bear its own costs and attorneys' fees. All the claims of all the parties in CV-10-0164-PHX-FJM having been dismissed with prejudice, this action is terminated. Signed by Judge Frederick J Martone on 12/9/10. (Original Order foled in MDL 2096, Doc. 1238) (MAP)

Davis et al v. Matrixx Initiatives, Inc. et al

Doc. 14

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NOT FOR PUBLICATION IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF ARIZONA

In Re Zicam Cold Remedy Marketing,) Sales Practices, and Products Liability) ) Litigation _________________________________ ) ) ) This document relates to: ) ) Sharon Davis, et al., ) v. Matrixx Initiatives, Inc., et al. ) ) No. CV-10-0164-PHX-FJM ) )

No. 09-md-2096-PHX-FJM ORDER

The court has before it the parties' "Joint Stipulation for Dismissal of Plaintiffs' Claims with Prejudice" (doc. 1233). This is a purported class action, but plaintiffs never moved for certification. We therefore may dismiss the action without notice or a hearing. See Fed. R. Civ. P. 23(e). Pursuant to Rule 41(a)(1)(A)(ii), Fed. R. Civ. P., plaintiffs may dismiss an action by filing a stipulation of dismissal signed by all parties who have appeared. Further, the parties may stipulate that the dismissal be with prejudice. Fed. R. Civ. P. 41(a)(1)(B). Therefore, IT IS ORDERED GRANTING the parties' stipulation for dismissal (doc. 1233). IT IS ORDERED that this action is dismissed in its entirety and the claims of each named plaintiff are dismissed with prejudice, each party to bear its own costs and attorneys'

Dockets.Justia.com

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fees. All the claims of all the parties in CV-10-0164-PHX-FJM having been dismissed with prejudice, this action is terminated. DATED this 9th day of December, 2010.

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