Davis v. Credit Control Services, Inc. et al

Filing 30

ORDER dismissing case re 27 Stipulation of Dismissal. The Plaintiff, Steven Davis and the Defendant Credit Control Services, Inc.'s Joint Stipulation for Dismissal without Prejudice as to Defendant Credit Control Services, Inc. Only 27 is GRANTED. The Complaint against Credit Control Services, Inc.'s 1 is hereby DISMISSED without prejudice. The Clerk of the Court is directed to enter judgment accordingly, terminate any pending motions, and close the file. Signed by Judge Sheri Polster Chappell on 1/10/2014. (LMF)

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

Case No: 2:13-cv-236-FtM-38DNF

CREDIT CONTROL SERVICES,
INC. and LABORATORY
CORPORATION OF AMERICA,
Defendants.
/
ORDER1
This matter comes before the Court on the Plaintiff, Steven Davis and the
Defendant Credit Control Services, Inc.'s Joint Stipulation for Dismissal without Prejudice
as to Defendant Credit Control Services, Inc. Only (Doc. #27) filed on January 9, 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).

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In this instance, the Plaintiff informs the Court that the Parties stipulate to the
dismissal of the Complaint without prejudice as to the Defendant Credit Control Services,
Inc. Each Party will bear its own fees and costs. Under Rule 41(a), dismissal is proper
where all Parties agree, therefore the case is due to be dismissed.
Accordingly, it is now
ORDERED:
The Plaintiff, Steven Davis and the Defendant Credit Control Services, Inc.'s Joint
Stipulation for Dismissal without Prejudice as to Defendant Credit Control Services, Inc.
Only (Doc. #27) is GRANTED. The Complaint against Credit Control Services, Inc.'s
(Doc. #1) is hereby DISMISSED without prejudice. The Clerk of the Court is directed
to enter judgment accordingly, terminate any pending motions, and close the file.
DONE and ORDERED in Fort Myers, Florida this 10th day of January, 2014.

Copies: All Parties of Record

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