Prieto v. Collier County et al
Filing
61
ORDER dismissing case re 60 Stipulation of Dismissal. Plaintiff Evelyn Prieto and Defendants Collier County and Collier County Board of Commissioner's Joint Stipulation of Dismissal With Prejudice 60 is GRANTED. The Clerk of the Court is directed to enter judgment accordingly, terminate any pending motions and deadlines, and close the file. Signed by Judge Sheri Polster Chappell on 11/24/2014. (LMF)
UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
FORT MYERS DIVISION
EVELYN PRIETO,
Plaintiff,
v.
Case No: 2:13-cv-489-FtM-38CM
COLLIER COUNTY, a political
subdivision of the State of Florida,
COLLIER COUNTY BOARD OF
COMMISSIONERS, and IAN
MITCHELL, individually,
Defendants.
/
ORDER1
This matter comes before the Court on Plaintiff Evelyn Prieto and Defendants
Collier County and Collier County Board of Commissioner's Joint Stipulation of Dismissal
With Prejudice (Doc. #60) filed on November 19, 2014. Rule 41(a)(1)(A) of the Federal
Rules of Civil Procedure allows a plaintiff to dismiss a case voluntarily without a court
order. Rule 41(a)(1)(A) reads, in pertinent part, that
[s]ubject 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).
1
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In this instance, the parties agree to dismiss this case with prejudice under Rule
41(a)(1)(A)(ii) and bear their own attorneys' fees and costs. (Doc. #60). The parties have
both signed the stipulation. (Doc. #60). The Court dismissed Ian Mitchell as a named
defendant in this case on September 24, 2014. (Doc. #45). The Court, therefore,
dismisses this case with prejudice under Rule 41(a)(1)(A)(ii).
Accordingly, it is now
ORDERED:
Plaintiff Evelyn Prieto and Defendants Collier County and Collier County Board of
Commissioner's Joint Stipulation of Dismissal With Prejudice (Doc. #60) is GRANTED.
The Clerk of the Court is directed to enter judgment accordingly, terminate any pending
motions and deadlines, and close the file.
DONE and ORDERED in Fort Myers, Florida this 24th day of November, 2014.
Copies: All Parties of Record
2
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