Bunting v. Sunstream, Inc. et al

Filing 37

ORDER dismissing case re 36 Stipulation of Dismissal. Plaintiff Cornell Bunting's Complaint 1 is hereby DISMISSED with prejudice. The Clerk is directed to close the case, terminate any pending motions and enter judgment accordingly. Signed by Judge Sheri Polster Chappell on 9/27/2013. (LMF)

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

Case No: 2:13-cv-231-FtM-38DNF

SUNSTREAM, INC.,
Defendant.
/
ORDER1
This matter comes before the Court on Joint Stipulation of Dismissal with
Prejudice (Doc. #36) filed on September 26, 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, Plaintiff informs the Court that he voluntarily dismisses the
Complaint with prejudice pursuant to Fed. R. Civ. P. 41(a)(1) and Local Rule 3.08. The
remaining Parties in this action, Plaintiff Cornell Bunting and Defendant Sunstream, Inc.,
have signed the notice. Therefore, the case is due to be dismissed with prejudice.
Accordingly, it is now
ORDERED:
Plaintiff Cornell Bunting’s Complaint (Doc. #1) is hereby DISMISSED with
prejudice. The Clerk is directed to close the case, terminate any pending motions and
enter judgment accordingly.
DONE and ORDERED in Fort Myers, Florida this 27th day of September, 2013.

Copies: All Parties of Record

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