Stocks et al v. RLI Insurance Company

Filing 37

ORDER granting 36 the Plaintiffs, Dan Stocks and Boatman Marine, LLC Motion for Voluntary Dismissal with Prejudice.The case is hereby DISMISSED with prejudice. The Clerk is directed to enter judgment accordingly, terminate any previously scheduled deadlines and pending motions, and CLOSE the case.Signed by Judge Sheri Polster Chappell on 6/21/2013. (LMF)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
FORT MYERS DIVISION

DAN
STOCKS
and
MARINE, LLC, individually

BOATMAN

Plaintiffs,
v.

Case No: 2:13-cv-45-FtM-38UAM

RLI INSURANCE COMPANY,
Defendant.
/
ORDER
This matter comes before the Court on the Plaintiffs, Dan Stocks and Boatman
Marine, LLC’s Motion for Voluntary Dismissal with Prejudice (Doc. #36) filed on June
20, 2013.

The Plaintiff gives notice to the Court that he voluntarily dismisses the

Complaint with prejudice pursuant to Fed. R. Civ. P. 41(a)(2).
Except as provided in Rule 41(a)(1) (dismissal by stipulation or before an answer
or motion for summary judgment has been filed), dismissal of an action must be by
court order. Kokkonen v. Guardian Life Ins. Co. of America, 511 U.S. 375, 378-381, 114
S. Ct. 1673, 1675-1677, 128 L. Ed. 2d 291 (1994); Anago Franchising, Inc. v. Shaz,
LLC., 677 F.3d 1272, 1280 (11th Cir. 2012). Fed. R. Civ. P. 41(a)(2) provides that “an
action may be dismissed at the plaintiff's request only by court order, on terms that the
court considers proper.” “The district court enjoys broad discretion in determining
whether to allow a voluntary dismissal under Rule 41(a)(2).” Pontenberg v. Boston Sci.
Corp., 252 F.3d 1253, 1255 (11th Cir. 2001). A “voluntary dismissal should be granted

unless the defendant will suffer clear legal prejudice, other than the mere prospect of a
subsequent lawsuit, as a result.” Id. (internal quotation marks omitted).
In this instance, the Plaintiff notified the Court (Doc. # 34) that a settlement
agreement has been reached between the Parties and now moves the Court to dismiss
the action with prejudice.

Pursuant to M.D. Fla. Local Rule 3,01(g), the Plaintiff

conferred with the Defendant who does not oppose the Motion. Therefore, the Court
finds good cause to grant the motion and dismiss the case with prejudice.
Accordingly, it is now
ORDERED:
The Plaintiffs, Dan Stocks and Boatman Marine, LLC Motion for Voluntary
Dismissal with Prejudice (Doc. #36) is GRANTED.
1. The case is hereby DISMISSED with prejudice.
2. The Clerk is directed to enter judgment accordingly, terminate any previously
scheduled deadlines and pending motions, and CLOSE the case.

DONE and ORDERED in Fort Myers, Florida this 21st day of June, 2013.

Copies: All Parties of Record

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