McLaren-Gorbet v. Elk Run Inn et al.
Minute Order. The case was dismissed with prejudice as of the entry of the parties' joint stipulation of dismissal with prejudice by Judge Philip A. Brimmer on 02/03/15. (jhawk, )
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Civil Action No. 14-cv-01348-PAB-GPG
ELK RUN INN and
Entered by Judge Philip A. Brimmer
This matter is before the Court on the parties’ Stipulated Motion to Dism iss With
Prejudice [Docket No. 39]. The parties request that the Court enter an order dismissing
this action with prejudice.
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 of dismissal with
prejudice. No order of dismissal is necessary.
DATED February 3, 2015.
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