Donnelly v. DFC Global Corp

Filing 19

ORDER dismissing case re 18 Stipulation of Dismissal. The Plaintiff Michael Donnelly and the Defendant, DFC Global Corp.'s Stipulation of Dismissal. The case is hereby DISMISSED with 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 10/21/2013. (LMF)

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UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA FORT MYERS DIVISION MICHAEL DONNELLY, Plaintiff, v. Case No: 2:13-cv-405-FtM-38UAM DFC GLOBAL CORP, Defendant. / ORDER This matter comes before the Court on the Plaintiff Michel Donnelly and the Defendant, DFC Global Corp.'s Stipulation of Dismissal (Doc. #18) filed on October 17, 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). In this instance, the Plaintiff informs the Court that the Parties have stipulated to dismiss the action and the Plaintiff voluntarily dismisses the Complaint with prejudice. Therefore, the case is due to be dismissed with prejudice. Accordingly, it is now ORDERED: The Plaintiff Michel Donnelly and the Defendant, DFC Global Corp.'s Stipulation of Dismissal (Doc. #18) is GRANTED. The case is hereby DISMISSED with 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 21st day of October, 2013. Copies: All Parties of Record 2

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