Archer et al v. Darling et al

Filing 265

MINUTE ORDER re: 259 Stipulated Motion to Dismiss Plaintiffs' Claims Against SunTrust Mortgage, Inc. With Prejudice. The claims against SunTrust Mortgage, Inc. were dismissed with prejudice as of the entry of the parties' stipulated motion for dismissal with prejudice. No Court order is necessary, by Judge Philip A. Brimmer on 9/21/10.(ebs, )

-KMT Archer et al v. Darling et al

Doc. 265

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Civil Case No. 09-cv-01988-PAB-KMT RYAN ARCHER, et al., Plaintiffs, v. W ALLACE DARLING, et al., Defendants.

MINUTE ORDER Entered by Judge Philip A. Brimmer This matter is before the Court on the parties' "Stipulated Motion to Dismiss Plaintiffs' Claims Against SunTrust Mortgage, Inc. With Prejudice [Docket No. 259]. The parties request the entry of a proposed order dismissing the claims against SunTrust Mortgage, Inc. with prejudice. The stipulated motion, however, complies with Federal Rule of Civil Procedure 41(a)(1)(A)(ii), which provides that the "plaintiff may dismiss an action without a court order by filing: . . . a stipulation of dismissal signed by all parties who have appeared." (emphasis added). Furthermore, "[u]nless the notice or stipulation states otherwise, the dismissal is without prejudice." Fed. R. Civ. P. 41(a)(1)(B) (emphasis added). Therefore, the claims against SunTrust Mortgage, Inc. were dismissed with prejudice as of the entry of the parties' stipulated motion for dismissal with prejudice. No Court order is necessary. DATED September 21, 2010.

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