Fries et al v. Nissan Motor Company, Ltd.
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, )
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,
NISSAN MOTOR CO., LTD.,
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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