Williams, v. Midland Funding, LLC, et al.,

Filing 40

ORDER OF DISMISSAL WITH PREJUDICE. The 39 Stipulation of Dismissal with Prejudice is brought pursuant to Fed. R. Civ. P. 41(a)(1)(A)(ii), but the Plaintiff fails to comply with such rule, which requires signatures "by all parties who have appeared." The Court construes the document as a motion pursuant to Fed. R. Civ. P. 41(a)(2). Finding Plaintiffs request proper, the matter is dismissed with prejudice and all remaining deadlines and conference dates are hereby vacated. Each party will pay his or its own attorney's fees and costs. By Magistrate Judge Michael E. Hegarty on 10/1/13. (mnfsl, )

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Magistrate Judge Michael E. Hegarty Civil Action No. 12-cv-02844-MEH WADE A. WILLIAMS, Plaintiff, v. MIDLAND FUNDING LLC, MIDLAND CREDIT MANAGEMENT, INC., and ENCORE CAPITAL GROUP, INC., Defendants. ORDER OF DISMISSAL WITH PREJUDICE ______________________________________________________________________________ The Stipulation of Dismissal with Prejudice filed by the Plaintiff [docket #39] is brought pursuant to Fed. R. Civ. P. 41(a)(1)(A)(ii), but the Plaintiff fails to comply with such rule, which requires signatures “by all parties who have appeared.” However, construing the pro se Plaintiff’s filings liberally, the Court construes the document as a motion pursuant to Fed. R. Civ. P. 41(a)(2). Finding Plaintiff’s request proper, the matter is dismissed with prejudice and all remaining deadlines and conference dates are hereby vacated. Each party will pay his or its own attorney’s fees and costs. Dated at Denver, Colorado this 1st day of October, 2013. BY THE COURT: Michael E. Hegarty United States Magistrate Judge

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