Shenzhen El Lighting Technology Co., Ltd. v. Sure-Fire Electrical Corporation et al

Filing 66

MINUTE ORDER. The case was dismissed with prejudice as to Best Buy Stores, L.P. and BestBuy.com, L.L.C as of the entry of the parties' Stipulated Motion for Dismissal With Prejudice re: 64 by Judge Philip A. Brimmer on 02/04/15.(jhawk, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO

Civil Action No. 14-cv-00727-PAB-CBS
SHENZHEN EL LIGHTING TECHNOLOGY CO., LTD. a Shenzhen Company and
YONGJIANG YIN, an individual,
Plaintiffs,
v.
SURE-FIRE ELECTRICAL CORPORATION, a Taiwanese Company,
BEST BUY STORES, L.P., a Virginia Limited Partnership, and
BESTBUY.COM, L.L.C., a Virginia Limited Liability Company,
Defendants.

MINUTE ORDER
Entered by Judge Philip A. Brimmer
This matter is before the Court on the parties’ Stipulated Motion f or Dismissal
With Prejudice [Docket No. 64]. The parties request that the Court enter an order
dismissing this action with prejudice as to defendants Best Buy Stores, L.P. and
BestBuy.com, L.L.C. 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). Despite Rule 41(a)(1)’s reference to the dismissal
of an “action,” the weight of authority permits a dismissal of all claims pursuant to Rule
41(a)(1)(A) against fewer than all defendants. See Montoya v. FedEx Ground Package
System, Inc., 614 F.3d 145, 148 (5th Cir. 2010); Blaize-Sampeur v. McDowell, 2007 WL
1958909, at *2 (E.D.N.Y. June 29, 2007) (noting that, although the Second Circuit had
previously stated otherwise, it had “since adopted the approach of the majority of courts
in other circuits – that is, that Rule 41(a) does not require dismissal of the action in its
entirety” and permits dismissal of all claims as to a single defendant). 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 against the Best Buy defendants with prejudice.
Therefore, the case was dismissed with prejudice as to Best Buy Stores, L.P. and
BestBuy.com, L.L.C as of the entry of the parties’ Stipulated Motion for Dismissal With
Prejudice. No order of dismissal is necessary.
DATED February 4, 2015.