Arthrex, Inc. et al v. Parcus Medical, LLC

Filing 526

ORDER dismissing case re 525 Stipulation of Dismissal. This matter is DISMISSED with prejudice. The Clerk is directed to close the file, terminate any pending motion, and enter judgment accordingly. Signed by Judge Sheri Polster Chappell on 8/25/2014. (LMF)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
FORT MYERS DIVISION
ARTHREX, INC. and ARTHREX
MANUFACTURING, INC.,
Plaintiffs,
v.

Case No: 2:10-cv-151-FtM-38DNF

PARCUS MEDICAL, LLC,
Defendant.
/
ORDER1
This matter comes before the Court on Stipulation of Dismissal with Prejudice
(Doc. #525) filed on August 25, 2014. Federal Rule of Civil Procedure 41(a)(1)(A),
allows a plaintiff to dismiss a case without a court order. The Rule reads in pertinent
part:
Subject to Rules 23(e), 23.1, 23.2 and 66 and any applicable
federal statute, the plaintiff may dismiss an action without a court
order by filing:
(i)
A notice of dismissal before the opposing party serves either
an answer or a motion for summary judgment; or
(ii)

A stipulation of dismissal signed by all parties who have
appeared.

Fed. R. Civ. P. 41(a)(1)(A).

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In this instance, the Parties stipulate and agree that this matter, including all
claims and counterclaims, is dismissed with prejudice and with each party bearing its
own fees and costs. All Parties have signed the stipulation. Thus, pursuant to Rule
41(a)(1)(A)(ii) this matter is dismissed with prejudice.
Accordingly, it is now
ORDERED:
This matter is DISMISSED with prejudice. The Clerk is directed to close the file,
terminate any pending motion, and enter judgment accordingly.
DONE and ORDERED in Fort Myers, Florida this 25th day of August, 2014.

Copies: All Parties of Record

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