Brummit v. Allstate Fire and Casulaty Insurance Company

Filing 15

MINUTE ORDER re Stipulation for Dismissal With Prejudice 14 , by Judge Philip A. Brimmer on 5/14/2014. (trlee, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO

Civil Action No. 13-cv-02799-PAB-MJW
BRADEN BRUMMIT,
Plaintiff,
v.
ALLSTATE FIRE AND CASUALTY INSURANCE COMPANY,
Defendant.

MINUTE ORDER
Entered by Judge Philip A. Brimmer
This matter is before the Court on the parties’ Stipulation for Dismissal With
Prejudice [Docket No. 14]. The parties request that the Court enter an order dismissing
this action with prejudice.
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 for dismissal with
prejudice. No order of dismissal is necessary.
DATED May 14, 2014.