First Mercury Insurance Company v. United Specialty Insurance Company
Filing
25
MINUTE ORDER. 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 by Judge Philip A. Brimmer on 05/15/15. (jhawk, )
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Civil Action No. 15-cv-00132-PAB-MEH
FIRST MERCURY INSURANCE COMPANY,
Plaintiff,
v.
UNITED SPECIALTY INSURANCE COMPANY,
Defendant.
MINUTE ORDER
Entered by Judge Philip A. Brimmer
This matter is before the Court on the parties’ Stipulation of Dismissal [Docket
No. 24-1]. The parties request that the Court enter an order dismissing this action with
prejudice. See Docket No. 24.
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 May 15, 2015.
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