Rodriguez v. Chavez et al
ORDER of Dismissal re: 234 Stipulation of Dismissal of Case. Ordered that all claims by and between plaintiff and defendants are dismissed with prejudice, each party to bear its own costs and attorneys' fees. Ordered that this case shall be closed in its entirety. Entered by Judge Philip A. Brimmer on 1/8/2016. (agarc, )
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Judge Philip A. Brimmer
Civil Action No. 12-cv-01071-PAB-MJW
CHRISTINE CHAVEZ, individually,
JOEY GASCA, individually,
KRISTY GARCIA, individually,
ORDER OF DISMISSAL
This matter is before the Court on the Stipulation for Dismissal With Prejudice
[Docket No. 234] filed by the remaining parties in this matter. The parties “stipulate to
the dismissal of all of Plaintiff’s claims against the Defendants 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 for
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
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 January 8, 2016.
BY THE COURT:
s/Philip A. Brimmer
PHILIP A. BRIMMER
United States District Judge
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