Mbaku v. Charles Schwab & Co., Inc. et al
Minute Order. The case was dismissed with prejudice as of the entry of the parties' stipulated joint motion to dismiss with prejudice. No order of dismissal is necessary. Entered by Judge Philip A. Brimmer on 04/25/16. (jhawk, )
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Civil Action No. 15-cv-01301-PAB-NYW
ADECCO USA, INC. and
CHARLES SCHWAB & CO., INC.,
Entered by Judge Philip A. Brimmer
This matter is before the Court on the parties’ Stipulated Joint Motion to Dism iss
With Prejudice [Docket No. 64]. The parties request that the Court enter an order
dismissing this action with prejudice.
The 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).
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’ stipulated joint motion to dismiss
with prejudice. No order of dismissal is necessary.
DATED April 25, 2016.
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