Fowler v. Garrick

Filing 77

ORDER OF DISMISSAL. All claims by and between plaintiff and defendant are dismissed with prejudice, each party to bear its own costs and attorneys' fees. This case shall be closed in its entirety. By Judge Philip A. Brimmer on 11/8/11. (mnfsl, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Judge Philip A. Brimmer
Civil Action No. 08-cv-02650-PAB-BNB
JASON FOWLER,
Plaintiff,
v.
UNITED STATES OF AMERICA,
Defendant.
_____________________________________________________________________
ORDER OF DISMISSAL
_____________________________________________________________________
This matter is before the Court on the Stipulation of Dismissal [Docket No. 75]
filed by the remaining parties in this matter, plaintiff Jason Fowler and defendant United
States of America. The parties “stipulate that the cause of action should be dismissed
with prejudice.” The stipulation, however, was not signed by “by all parties who have
appeared.” Fed. R. Civ. P. 41(a)(1)(A)(ii); see Anderson-Tully Co. v. Federal Ins. Co.,
347 F. App’x 171, 176 (6th Cir. 2009) (under Fed. R. Civ. P. 41(a)(1)(A)(ii), “all parties
who have appeared” includes both current and former parties). As a result, the
Stipulation of Dismissal, by itself, does not serve to dismiss this action. The Court,
however, having reviewed the stipulation, finds that dismissal is appropriate. Therefore,
pursuant to Fed. R. Civ. P. 41(a)(2), it is
ORDERED that all claims by and between plaintiff and defendant are dismissed
with prejudice, each party to bear its own costs and attorneys’ fees. It is further
ORDERED that this case shall be closed in its entirety.

DATED November 8, 2011.
BY THE COURT:

s/Philip A. Brimmer
PHILIP A. BRIMMER
United States District Judge

2