Julius v. Union Pacific Railroad Company

Filing 78

MINUTE ORDER. The case was dismissed with prejudice as of the entry of the parties' joint stipulation for dismissal with prejudice. No order of dismissal is necessary. Entered by Judge Philip A. Brimmer on 10/29/15. (jhawk, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO

Civil Action No. 14-cv-01035-PAB-KMT
JUSTIN J. JULIUS,
Plaintiff,
v.
UNION PACIFIC RAILROAD COMPANY, a Delaware corporation,
Defendant.

MINUTE ORDER
Entered by Judge Philip A. Brimmer
This matter is before the Court on the parties’ Joint Stipulation f or Dismissal With
Prejudice [Docket No. 77]. The stipulation 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’ joint stipulation for dismissal with prejudice. No order of dismissal is
necessary.
DATED October 29, 2015.