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

Filing 71

ORDER DISMISSING CASE. ORDERED that all claims by and between plaintiffs 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 by Judge Philip A. Brimmer on 03/26/15. (jhawk, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Judge Philip A. Brimmer

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,
Defendant.
_____________________________________________________________________
ORDER OF DISMISSAL
_____________________________________________________________________
This matter is before the Court on the Stipulation of Dismissal Without Prejudice
[Docket No. 70] filed by the remaining parties in this matter, plaintiffs Shenzhen EL
Lighting Technology Co., Ltd. and Yongjiang Yin, and defendant Sure-Fire Electrical
Corporation. The parties “stipulate to the voluntarily [sic] dismissal of this case 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 of 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 plaintiffs 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 March 26, 2015.
BY THE COURT:

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

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