Center for Biological Diversity et al v. Jewell et al

Filing 59

ORDER re 58 Stipulation of Dismissal filed by Wildlands CPR, Center for Biological Diversity, Brian Scherf, South Florida Wildlands Association, Sierra Club. The Plaintiffs, Center for Biological Diversity, Sierra Club, South Florida Wi ldlands Association, WildEarth Guardians, and Brian Scherf and the Defendants. S.M.R. Jewell in her official capacity and Johnathon B. Jarvis' Stipulation of Dismissal 58 is GRANTED. The case is hereby DISMISSED. The Clerk of the Court is directed to enter judgment accordingly, terminate all pending motions, and close the file. Signed by Judge Sheri Polster Chappell on 11/6/2014. (LMF)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
FORT MYERS DIVISION
CENTER
FOR
BIOLOGICAL
DIVERSITY, SIERRA CLUB, SOUTH
FLORIDA WILDLANDS ASSOCIATION,
WILDLANDS CPR and BRIAN SCHERF,
Plaintiffs,
v.

Case No: 2:13-cv-364-FtM-38DNF

SALLY JEWELL and JONATHAN B.
JARVIS,
Defendants.
/
ORDER1
This matter comes before the Court on the Plaintiffs, Center for Biological Diversity,
Sierra Club, South Florida Wildlands Association, WildEarth Guardians, and Brian Scherf
and the Defendants, S.M.R. Jewell in her official capacity and Johnathon B. Jarvis'
Stipulation of Dismissal (Doc. #58) filed on September 22, 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

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(ii)

A stipulation of dismissal signed by all parties who have
appeared.

Fed. R. Civ. P. 41(a)(1)(A).
In this instance, the Plaintiffs inform the Court that they voluntarily dismiss the
Complaint. No answer or summary judgment has been filed, therefore; the case is due
to be dismissed.
Accordingly, it is now
ORDERED:
The Plaintiffs, Center for Biological Diversity, Sierra Club, South Florida Wildlands
Association, WildEarth Guardians, and Brian Scherf and the Defendants. S.M.R. Jewell
in her official capacity and Johnathon B. Jarvis' Stipulation of Dismissal (Doc. #58) is
GRANTED. The case is hereby DISMISSED. The Clerk of the Court is directed to enter
judgment accordingly, terminate all pending motions, and close the file.
DONE and ORDERED in Fort Myers, Florida this 5th day of November, 2014.

Copies: All Parties of Record

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