Boyne v. Stryker Corporation et al
Filing
41
ORDER dismissing case re 40 Stipulation of Dismissal. The Plaintiff Arthur Boyne and the Defendant, Howmedica Osteonics Corp.'s Joint Stipulation of Dismissal. The case is hereby DISMISSED with prejudice. The Clerk of the Court is directed to enter judgment accordingly, terminate any and all pending motions and close the file. Signed by Judge Sheri Polster Chappell on 12/20/2013. (LMF)
UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
FORT MYERS DIVISION
ARTHUR BOYNE,
Plaintiff,
v.
Case No: 2:12-cv-346-FtM-38DNF
HOWMEDICA OSTEONICS CORP.,
Defendant.
/
ORDER1
This matter comes before the Court on the Plaintiff Arthur Boyne and the
Defendant, Howmedica Osteonics Corp. d/b/a Stryker Orthopaedics’ Joint Stipulation of
Dismissal (Doc. #40) filed on December 18, 2013. 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).
1
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In this instance, the Plaintiff informs the Court that the Parties have settled the
case and advises that the Plaintiff voluntarily dismisses the Complaint with prejudice.
Therefore, the case is due to be dismissed with prejudice.
Accordingly, it is now
ORDERED:
The Plaintiff Arthur Boyne and the Defendant, Howmedica Osteonics Corp.'s Joint
Stipulation of Dismissal (Doc. #40) is GRANTED. The case is hereby DISMISSED with
prejudice. The Clerk of the Court is directed to enter judgment accordingly, terminate
any and all pending motions and close the file.
DONE and ORDERED in Fort Myers, Florida this 19th day of December, 2013.
Copies: All Parties of Record
2
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