Rose et al v. Scott et al

Filing 33

ORDER dismissing case re 32 Stipulation of Dismissal. The Plaintiffs, Rick and Marcia Rose, and the Defendants, Mike Scott, William Dunaske, Keith Day, and Nick Destefanis' Stipulation of Dismissal 32 is GRANTED. The Clerk of the Court i s directed to DISMISS the case with prejudice, enter judgment accordingly, terminate all pending motions, and close the file. All Parties are to bear their own costs and fees. All liens and subrogated interests, if any, shall be satisfied by the Plaintiff out of the proceeds of the settlement. Signed by Judge Sheri Polster Chappell on 6/12/2014. (LMF)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
FORT MYERS DIVISION
RICK ROSE and MARCIA ROSE,
Plaintiffs,
v.

Case No: 2:13-cv-275-FtM-38CM

MIKE SCOTT, WILLIAM DUNASKE,
KEITH DAY and NICK DESTEFANIS,
Defendants.
/
ORDER1
This matter comes before the Court on the Plaintiffs, Rick and Marcia Rose, and
the Defendants, Mike Scott, William Dunaske, Keith Day, and Nick Destefanis' Stipulation
of Dismissal (Doc. #32) filed on June 10, 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 Plaintiffs inform the Court that the Parties have settled the
case and advises that they voluntarily dismiss all claims against the Defendants with
prejudice. All Parties are to bear their own costs and fees.
Accordingly, it is now
ORDERED:
The Plaintiffs, Rick and Marcia Rose, and the Defendants, Mike Scott, William
Dunaske, Keith Day, and Nick Destefanis' Stipulation of Dismissal (Doc. #32) is
GRANTED.
(1) The Clerk of the Court is directed to DISMISS the case with prejudice, enter
judgment accordingly, terminate all pending motions, and close the file.
(2) All Parties are to bear their own costs and fees.
(3) All liens and subrogated interests, if any, shall be satisfied by the Plaintiff out
of the proceeds of the settlement.
DONE and ORDERED in Fort Myers, Florida this 11th day of June, 2014.

Copies: All Parties of Record

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