Fries et al v. Nissan Motor Company, Ltd.

Filing 22

MINUTE ORDER. As of the entry of the stipulation, the claims described therein were dismissed without prejudice. See Fed. R. Civ. P.41(a)(1)(B) ("Unless the notice or stipulation states otherwise, the dismissal is without prejudice."). No order of dismissal is necessary by Judge Philip A. Brimmer on 08/25/14. (jhawk, )

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Civil Action No. 13-cv-02720-PAB-BNB SONIA FRIES, individually and as next friend to J.F., a minor child, Plaintiff, v. NISSAN MOTOR CO., LTD., Defendant. MINUTE ORDER Entered by Judge Philip A. Brimmer This matter is before the Court on the parties’ Agreed Stipulation of Dismissal Without Prejudice [Docket No. 21]. The parties request that the Court enter an order dismissing the case without prejudice. The stipulation, however, 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). Therefore, as of the entry of the stipulation, the claims described therein were dismissed without prejudice. See Fed. R. Civ. P. 41(a)(1)(B) (“Unless the notice or stipulation states otherwise, the dismissal is without prejudice.”). No order of dismissal is necessary. DATED August 25, 2014.

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