Cochrane v. Circle K. Stores, Inc.

Filing 34

ORDER dismissing case re 33 Stipulation of Dismissal. This cause is DISMISSED with prejudice. The Clerk of the Court is directed to CLOSE the case, terminate any pending motions and enter judgment accordingly. Signed by Judge Sheri Polster Chappell on 3/18/2014. (LMF)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
FORT MYERS DIVISION
JIMMY COCHRANE,
Plaintiff,
v.

Case No: 2:13-cv-592-FtM-38DNF

CIRCLE K. STORES, INC.,
Defendant.
/
ORDER1
This matter comes before the Court on Joint Stipulation for Dismissal with
Prejudice (Doc. #33) filed on March 18, 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).
In this instance, the Parties stipulate to the entry of an Order dismissing this action
with prejudice, with each party to bear his/its own fees and costs, except as otherwise

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agreed by the Parties. Both Parties have signed the stipulation. Accordingly the matter is
due to be dismissed pursuant to Rule 41(a)(1)(A)(ii).
Accordingly, it is now
ORDERED:
(1) This cause is DISMISSED with prejudice.
(2) The Clerk of the Court is directed to CLOSE the case, terminate any pending
motions and enter judgment accordingly.
DONE and ORDERED in Fort Myers, Florida this 18th day of March, 2014.

Copies: All Parties of Record

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