Cheeburger Cheeburger Restaurants, Inc. v. 4JZINK, LLC et al

Filing 42

ORDER dismissing case re 40 Stipulation of Dismissal.This matter is hereby DISMISSED without prejudice pursuant to Plaintiff and Defendants Joseph L. Shafer, Michael Halama, David R. Halama, and 4JZink, LLC's Joint Stipulation of Dismissal [ 40] and pursuant to Plaintiff's Notice of Voluntary Dismissal of Defendant Eugene H. Rees, Jr. 41 , with each party to bear its own attorneys' fees and costs. 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 11/6/2013. (LMF)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
FORT MYERS DIVISION
CHEEBURGER CHEEBURGER
RESTAURANTS, INC.,
Plaintiff,
v.

Case No: 2:13-cv-558-FtM-38DNF

4JZINK, LLC, EUGENE H. REES,
JOSEPH L. SCHAFER, MICHAEL
HALAMA and DAVID R. HALAMA,
Defendants.
/

ORDER
This matter comes before the Court on Plaintiff and Defendants Joseph L.
Shafer, Michael Halama, David R. Halama, and 4JZink, LLC's Joint Stipulation of
Dismissal (Doc. #40) filed on November 6, 2013.

These Parties, through their

respective counsel, stipulate to the dismissal of this case without prejudice.
Also before the Court is Plaintiff’s Notice of Voluntary Dismissal of Defendant
Eugene H. Rees, Jr. (Doc. #41) filed on November 6, 2013. Plaintiff gives notice of
voluntary dismissal of this case against Defendant Eugene H. Rees, Jr., who has yet to
be served in this matter or otherwise enter an appearance.
Fed. R. Civ. P. 41(a)(1) provides that an action may be dismissed by the plaintiff
without order of the court 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. Here, all Parties to this litigation
who have appeared have signed and consented to the Stipulation. As Defendant Rees

has yet to appear in this matter, the Notice of Voluntary Dismissal filed by the Plaintiff
will dismiss this action against him.
Accordingly, it is now
ORDERED:
(1) This matter is hereby DISMISSED without prejudice pursuant to Plaintiff and
Defendants Joseph L. Shafer, Michael Halama, David R. Halama, and
4JZink, LLC's Joint Stipulation of Dismissal (Doc. #40) and pursuant to
Plaintiff’s Notice of Voluntary Dismissal of Defendant Eugene H. Rees, Jr.
(Doc. #41), with each party to bear its own attorneys’ fees and costs.
(2) 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 6th day of November, 2013.

Copies: All Parties of Record

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