Ramirez et al v. 3 Margaritas XVIII, Inc. et al

Filing 30

Minute ORDER re: 26 Joint Stipulation of Dismissal. The case was dismissed with prejudice as of the entry of the parties' joint stipulation of dismissal. No order of dismissal is necessary, by Judge Philip A. Brimmer on 5/23/13.(lygsl, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Civil Action No. 12-cv-01357-PAB-KMT
ENRIQUE RAMIREZ,
GUILLERMO MUNOZ, and
MARCOS VILLASENOR, on their own behalf and on behalf of all others similarly
situated,
Plaintiffs,
v.
3 MARGARITAS XVIII, INC.,
IGUANA, INC., d/b/a 3 Margaritas XXVII,
TETITAN, INC., d/b/a 3 Margaritas XX,
GUSTAVO MORALES,
DAVID VILLASENOR, and
HECTOR MURGUIA,
Defendants.
_____________________________________________________________________
MINUTE ORDER
_____________________________________________________________________
Entered by Judge Philip A. Brimmer
This matter is before the Court on the parties’ Joint Stipulation of Dismissal
[Docket No. 26]. The stipulation 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). Here,
however, the parties have agreed to the dismissal of this action with prejudice.
Therefore, the case was dismissed with prejudice as of the entry of the parties’ joint
stipulation of dismissal. No order of dismissal is necessary.
DATED May 23, 2013.