Lemelin v. Sears Holdings Corporation et al

Filing 21

ORDER dismissing case re 20 Stipulation of Dismissal. The Plaintiff. Monique Lemelin, the Defendant, Sears Holdings Corporation and the Defendant K Mart Corporation's Joint Stipulation of Dismissal with Prejudice 20 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. Signed by Judge Sheri Polster Chappell on 6/25/2014. (LMF)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
FORT MYERS DIVISION
MONIQUE LEMELIN,
Plaintiff,
v.

Case No: 2:13-cv-446-FtM-38DNF

SEARS HOLDINGS CORPORATION
and KMART CORPORATION,
Defendants.
/
ORDER1
This matter comes before the Court on the Plaintiff, Monique Lemelin, the
Defendants, Sears Holdings Corporation and K Mart Corporation's Joint Stipulation of
Dismissal with Prejudice (Doc. #20) filed on June 20, 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 Parties inform the Court that all Parties stipulate that the claim
against the Defendants shall be dismissed with prejudice. All Parties shall bear their own
costs and attorney’s fees.
Accordingly, it is now
ORDERED:
The Plaintiff. Monique Lemelin, the Defendant, Sears Holdings Corporation and
the Defendant K Mart Corporation's Joint Stipulation of Dismissal with Prejudice (Doc.
#20) 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 25th day of June, 2014.

Copies: All Parties of Record

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