Holsapple v. Volumetric Mixers By Strong, Inc.

Filing 57

ORDER re 56 Stipulation of Dismissal filed by Volumetric Mixers By Strong, Inc. The Clerk is directed to officially terminate Defendant Strong Industries, Inc. from case number 2:12-cv-473-SPC-UAM. (See Doc. 27 ). Plaintiff Jennifer Holsapple 's Complaint 2 in case number 2:12-cv-473-SPC-UAM is hereby DISMISSED with prejudice. Each Party shall bear its own respective fees and costs. The Clerk is directed to close case number 2:12-cv-473-SPC-UAM, terminate any pending motions and en ter judgment accordingly. The Clerk is directed to reflect the same in the docket of case number 2:12-cv-355-SPC-UAM which was consolidated within case number 2:12-cv-473-SPC-UAM (See Doc. 24 ).Signed by Judge Sheri Polster Chappell on 10/4/2013. (LMF)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
FORT MYERS DIVISION
JENNIFER HOLSAPPLE, as Personal
Representative of the Estate of Robert
Jans, deceased
Plaintiff,
v.

Case No: 2:12-cv-473-FtM-38UAM

VOLUMETRIC MIXERS BY STRONG,
INC. and STRONG INDUSTRIES, INC.,
Defendants.
/

JENNIFER HOLSAPPLE, as Personal
Representative of the Estate of Robert
Jans, deceased
Plaintiff,
v.

Case No: 2:12-cv-355-SPC-UAM

STRONG INDUSTRIES, INC.,
Defendant.
/
ORDER1
This matter comes before the Court on Stipulation for Order of Dismissal with Prejudice
and without Fees or Costs (Doc. #56) filed on October 2, 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:
1

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(i)
(ii)

A notice of dismissal before the opposing party serves either an
answer or a motion for summary judgment; or
A stipulation of dismissal signed by all parties who have appeared.

Fed. R. Civ. P. 41(a)(1)(A).
In this instance, Plaintiff informs the Court that it voluntarily dismisses the Complaint with
prejudice.

The remaining Parties in this action, Plaintiff Jennifer Holsapple and Defendant

Volumetric Mixers By Strong, Inc., have signed the notice. Therefore, the case is due to be
dismissed with prejudice.
Accordingly, it is now
ORDERED:
(1) The Clerk is directed to officially terminate Defendant Strong Industries, Inc. from
case number 2:12-cv-473-SPC-UAM. (See Doc. #27).
(2) Plaintiff Jennifer Holsapple’s Complaint (Doc. #2) in case number 2:12-cv-473-SPCUAM is hereby DISMISSED with prejudice. Each Party shall bear its own respective
fees and costs.
(3) The Clerk is directed to close case number 2:12-cv-473-SPC-UAM, terminate any
pending motions and enter judgment accordingly. The Clerk is directed to reflect the
same in the docket of case number 2:12-cv-355-SPC-UAM which was consolidated
within case number 2:12-cv-473-SPC-UAM (See Doc. #24).
DONE and ORDERED in Fort Myers, Florida this 3rd day of October, 2013.

Copies: All Parties of Record

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