Estate of Shirley A. Cardinale v. SSC Pueblo Belmont Operating Company LLC

Filing 38

ORDER OF DISMISSAL. All claims by and between plaintiff and defendant are dismissed with prejudice, each party to bear its own costs and attorneys' fees. This case shall be closed in its entirety. By Judge Philip A. Brimmer on 9/3/13. (mnfsl, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Judge Philip A. Brimmer

Civil Action No. 13-cv-00211-PAB-CBS
ESTATE OF SHIRLEY A. CARDINALE, by and through Pamela Jean Barola as
Personal Representative,
Plaintiff,
v.
SSC PUEBLO BELMONT OPERATING COMPANY LLC D/B/A Belmont Lodge Health
Care Center, a Delaware limited liability company,
Defendant.
_____________________________________________________________________
ORDER OF DISMISSAL
_____________________________________________________________________
This matter is before the Court on the Stipulation to Dismiss [Docket No. 37] filed
by the remaining parties in this matter, plaintiff Pamela Jean Barola, as Personal
Representative of the Estate of Shirley A. Cardinale, and defendant SSC Pueblo
Belmont Operating Company, LLC, d/b/a Belmont Lodge Health Care Center. The
parties “stipulate and agree that the above-entitled cause of action be dismissed with
prejudice, each party to pay their own costs and attorney fees.” 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 to Dismiss, 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 defendant 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 September 3, 2013.
BY THE COURT:

s/Philip A. Brimmer
PHILIP A. BRIMMER
United States District Judge

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