Huery, vs. Zavaras, et al
Filing
57
ORDER OF DISMISSAL by Judge Philip A. Brimmer on 3/15/2012. Each party to bear its own costs and attorneys' fees. ORDERED that this case shall be closed in its entirety. (jjpsl, )
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Judge Philip A. Brimmer
Civil Action No. 10-cv-01345-PAB-MJW
WALTER L. HUERY,
Plaintiff,
v.
MS. POPE, C.D.O.C.,
NURSE RONDA KATZENMEYER, PHP-CHP, B.V.C.F.,
LAURENCE, THEODORE L. PHP, C.D.O.C., B.V.C.F., and
Defendants.
_____________________________________________________________________
ORDER OF DISMISSAL
_____________________________________________________________________
This matter is before the Court on the Stipulation of Dismissal [Docket No. 56]
filed by the remaining parties in this matter, plaintiff Walter L. Huery and defendants
Pope, Katzenmeyer and Laurence. The parties “stipulate to dismiss this case in its
entirety.” 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 defendants are dismissed
without 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 March 15, 2012.
BY THE COURT:
s/Philip A. Brimmer
PHILIP A. BRIMMER
United States District Judge
2
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