Kehn v. Sam's East, Inc.

Filing 26

ORDER dismissing case re 25 Stipulation of Dismissal. The Complaint 1 is DISMISSED with prejudice. The Clerk is directed to close the case, terminate any pending motions, and enter judgment accordingly. Signed by Judge Sheri Polster Chappell on 7/7/2014. (LMF)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
FORT MYERS DIVISION
CARL KEHN,
Plaintiff,
v.

Case No: 2:13-cv-532-FtM-38DNF

SAM’S EAST, INC.,
Defendant.
/
ORDER 1
This matter comes before the Court on Joint Stipulation for Final Order of Dismissal
with Prejudice (Doc. 25) filed on July 1, 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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The Parties indicate this matter is dismissed in its entirety with prejudice. The
Parties stipulate they will bear their own attorneys’ fees and costs. Both Parties have
signed the document. Pursuant to Rule 41(a)(1)(A)(ii) this matter is due to be dismissed.
Accordingly, it is now
ORDERED:
The Complaint (Doc. 1) is DISMISSED with prejudice. The Clerk is directed to
close the case, terminate any pending motions, and enter judgment accordingly.
DONE and ORDERED in Fort Myers, Florida this 7th day of July, 2014.

Copies: All Parties of Record

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