USA v. Anderson et al

Filing 26

ORDER dismissing case re 25 Stipulation of Dismissal. Plaintiff's Complaint 1 is hereby DISMISSED with prejudice. The Clerk of Court is directed to close the case, terminate any pending motions and enter judgment accordingly. Signed by Judge Sheri Polster Chappell on 9/30/2013. (LMF)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
FORT MYERS DIVISION
USA,
Plaintiff,
v.

Case No: 2:13-cv-93-FtM-38UAM

HAZEL RUTH ANDERSON and JAY
C. ANDERSON,
Defendants.
/
ORDER1
This matter comes before the Court on Stipulation for Dismissal (Doc. #25) filed
on September 25, 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).

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In this instance the Parties stipulate to dismiss this matter with prejudice. There is
a stipulation of dismissal signed by all parties who have appeared. Therefore, the case
is due to be dismissed with prejudice.
Accordingly, it is now
ORDERED:
Plaintiff’s Complaint (Doc. #1) is hereby DISMISSED with prejudice. The Clerk
of Court is directed to close the case, terminate any pending motions and enter
judgment accordingly.
DONE and ORDERED in Fort Myers, Florida this 30th day of September, 2013.

Copies: All Parties of Record

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