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

Filing 15

ORDER granting (Doc. 1016, filed in MDL 2096) Stipulation for Dismissal. FURTHER ORDERED that the complaint is dismissed with prejudice as to plaintiff Charlene Gardner only, each party to bear its own costs and attorneys fees. Signed by Judge Frederick J Martone on 10/22/10. (Original Order filed in Lead MDL-2096, Doc. 1021. (MAP)

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Gardner, et al. v. Matrixx Initiatives, Inc., et al. Doc. 15 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 WO NOT FOR PUBLICATION IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF ARIZONA In Re Zicam Cold Remedy Marketing,) Sales Practices, and Products Liability) ) Litigation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: ) ) Charlene Gardner and Lois Hobbs ) v. Matrixx Initiatives, Inc., et al. ) ) CV-10-0787-PHX-FJM ) ) No. 09-md-2096-PHX-FJM ORDER The court has before it the parties' "Stipulation for Voluntary Dismissal With Prejudice as to Plaintiff Charlene Gardner" (doc. 1016). Pursuant to Rule 41(a)(1)(A)(ii), Fed. R. Civ. P., plaintiff 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. 1016). IT IS ORDERED that the complaint is dismissed with prejudice as to plaintiff Charlene Gardner only, each party to bear its own costs and attorneys' fees. DATED this 22nd day of October, 2010. Dockets.Justia.com

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