Drake v. The Travelers Indemnity Company et al.

Filing 19

ORDER of Dismissal. ORDERED that all claims by and between plaintiff and defendant are dismissed without prejudice, each party to bear its own costs and attorneys' fees. ORDERED that this case shall be closed in its entirety by Judge Philip A. Brimmer on 08/26/14. (jhawk, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Judge Philip A. Brimmer
Civil Action No. 13-cv-03045-PAB-CBS
WILLIAM DRAKE,
Plaintiff,
v.
STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY,
Defendant.
_____________________________________________________________________
ORDER OF DISMISSAL
_____________________________________________________________________
This matter is before the Court on the Stipulation for Dismissal [Docket No. 18]
filed by the remaining parties in this matter, plaintiff William Drake and defendant State
Farm Mutual Automobile Insurance Company. The parties “stipulate and agree that the
above-entitled civil action be dismissed without prejudice.” 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 for Dismissal, 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
without 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 August 26, 2014.
BY THE COURT:

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