Gutwein v. Allied Interstate LLC

Filing 9

MINUTE ORDER. The case was dismissed with prejudice as of the entry of the Notice of Dismissal With Prejudice. No order of dismissal is necessary by Judge Philip A. Brimmer on 02/26/14. (jhawk, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO

Civil Action No. 13-cv-03430-PAB-MJW
ARNOLD GUTWEIN,
Plaintiff,
v.
ALLIED INTERSTATE LLC, a Minnesota limited liability company,
Defendant.

MINUTE ORDER
Entered by Judge Philip A. Brimmer
This matter is before the Court on the plaintiff’s Notice of Dismissal With
Prejudice [Docket No. 8]. Plaintiff requests the entry of an order dismissing the case
with prejudice. The notice, however, complies with Federal Rule of Civil Procedure
41(a)(1)(A)(i), which provides that the “plaintiff may dismiss an action without a court
order by filing: . . . a notice of dismissal before the opposing party serves either an
answer or a motion for summary judgment.” (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, plaintiff has agreed to the
dismissal of this action with prejudice. Therefore, the case was dismissed with
prejudice as of the entry of the Notice of Dismissal With Prejudice. No order of
dismissal is necessary.
DATED February 26, 2014.