Solow v. Montrose County School District, RE-1J, The, et al

Filing 22

MINUTE ORDER. The case was dismissed with prejudice as of the entry of the parties' stipulated motion to dismiss with prejudice by Judge Philip A. Brimmer on 04/28/14. (jhawk, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO

Civil Action No. 13-cv-03245-PAB-KMT
SHERYL SOLOW,
Plaintiff,
v.
THE MONTROSE SCHOOL DISTRICT, RE-1J, a political subdivision, and
MARK MACHALE, individually.
Defendants.

MINUTE ORDER
Entered by Judge Philip A. Brimmer
This matter is before the Court on the parties’ Stipulated Motion to Dismiss With
Prejudice [Docket No. 21]. The parties request that the Court enter an order dismissing
this action with prejudice.
The stipulated motion 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’
stipulated motion to dismiss with prejudice. No order of dismissal is necessary.
DATED April 28, 2014.