Binder v. The Prudential Insurance Company of America

Filing 40

ORDER dismissing case re 39 Stipulation of Dismissal. This cause is 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 2/20/2014. (LMF)

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

Case No: 2:13-cv-291-FtM-38UAM

PRUDENTIAL INSURANCE
COMPANY OF AMERICA,
Defendant.
/
ORDER1
This matter comes before the Court on Stipulation of Dismissal (Doc. #39) filed on
February 19, 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 Parties stipulate that they have settled this matter. The Parties
requests the Court to issue an order dismissing this matter with prejudice. In addition, the

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Parties indicate that each party will bear its own attorneys’ fees and costs. Counsel for
both Parties have signed the stipulation document.
Accordingly, it is now
ORDERED:
1. This cause is DISMISSED with prejudice.
2. 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 20th day of February, 2014.

Copies: All Parties of Record

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