Beeson v. District Board of Trustees of Edison State College et al

Filing 32

ORDER dismissing case re 31 Joint Stipulation of Dismissal. The Plaintiff, Robert John Beeson, and the Defendants, District Board of Trustees of Edison State College and Kenneth P. Walker's Joint Stipulation of Dismissal 31 is GRANTED. This case is DISMISSED with prejudice. The Clerk of the Court is hereby directed to enter judgment accordingly, terminate all pending motions and close the case. Signed by Judge Sheri Polster Chappell on 11/19/2013. (LMF)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
FORT MYERS DIVISION
ROBERT JOHN BEESON,
Plaintiff,
v.

Case No: 2:12-cv-214-FtM-38DNF

DISTRICT BOARD OF TRUSTEES
OF EDISON STATE COLLEGE and
KENNETH P. WALKER,
Defendants.
/
ORDER1
This matter comes before the Court on the Plaintiff, Robert John Beeson, and the
Defendants, District Board of Trustees of Edison State College and Kenneth P. Walker's
Joint Stipulation of Dismissal (Doc. #31) filed on November 15, 2013. On September 16,
2013, the Plaintiff informed the Court the case had been settled and requested seventyfive (75) days to prepare a formal stipulation of settlement. The Parties have now filed
same.
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:

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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).
In this instance, the Plaintiff has advised the Court that the Parties have settled the
case and stipulate to the dismissal of the Complaint with prejudice. Each Party to bear
its own cost and fees. Therefore, the case is due to be dismissed with prejudice.
Accordingly, it is now
ORDERED:
The Plaintiff, Robert John Beeson, and the Defendants, District Board of Trustees
of Edison State College and Kenneth P. Walker's Joint Stipulation of Dismissal (Doc. #31)
is GRANTED. This case is DISMISSED with prejudice. The Clerk of the Court is hereby
directed to enter judgment accordingly, terminate all pending motions and close the case.
DONE and ORDERED in Fort Myers, Florida this 19th day of November, 2013.

Copies: All Parties of Record

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