Markwart v. United Parcel Service, Inc.

Filing 38

ORDER dismissing case re 37 Stipulation of Dismissal. The Plaintiff, Marci Markwart and the Defendant, United Parcel Service, Inc.'s Joint Stipulation of Dismissal with Prejudice. The Clerk of the Court is directed to DISMISS the case, enter judgment accordingly, terminate any pending motions, and close the file. Signed by Judge Sheri Polster Chappell on 5/6/2014. (LMF)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
FORT MYERS DIVISION
MARCI MARKWART, an individual
Plaintiff,
v.

Case No: 2:13-cv-186-FtM-38DNF

UNITED PARCEL SERVICE, INC.,
Defendant.
/
ORDER
This matter comes before the Court on the Plaintiff, Marci Markwart and the
Defendant, United Parcel Service, Inc.'s Joint Stipulation of Dismissal with Prejudice
(Doc. #37) filed on May 5, 2014. 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).
In this instance, the Plaintiff informs the Court that the Parties have settled the
case and advises that she voluntarily dismisses the Complaint with prejudice.
Accordingly, it is now
ORDERED:
The Plaintiff, Marci Markwart and the Defendant, United Parcel Service, Inc.'s Joint
Stipulation of Dismissal with Prejudice (Doc. #37) is GRANTED. The Clerk of the Court

is directed to DISMISS the case, enter judgment accordingly, terminate any pending
motions, and close the file.
DONE and ORDERED in Fort Myers, Florida this 6th day of May, 2014.

Copies: All Parties of Record

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