Jones v. GMAC Mortgage LLC et al

Filing 30

ORDER dismissing case re 29 Stipulation of Dismissal. Pursuant to Fed. R. Civ. P. 41(a)(1)(A)(ii), this action is DISMISSED with prejudice with regard to Defendant Experian Information Solutions, Inc. only. The Clerk is directed to terminate Defendant Experian Information Solutions, Inc. from this action. Signed by Judge Sheri Polster Chappell on 3/12/2014. (LMF)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
FORT MYERS DIVISION
MICKEY R. JONES,
Plaintiff,
v.

Case No: 2:13-cv-843-FtM-38CM

GMAC MORTGAGE LLC, EQUIFAX
INFORMATION SERVICES, LLC
and EXPERIAN INFORMATION
SOLUTIONS, INC.,
Defendants.
/
ORDER1
This matter comes before the Court on Amended Joint Stipulation of Dismissal
with Prejudice (Doc. #29) filed on March 11, 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, all parties remaining in this action stipulate to dismiss the claims
against Defendant Experian Information Solutions, Inc. with prejudice. This stipulation of
dismissal is signed by all parties who have appeared in this action. The stipulation also
indicates that each party is to bear its own costs. A controversy still remains with Plaintiff
Mickey R. Jones against Defendant GMAC Mortgage, LLC and Defendant Equifax
Information Services, LLC.
Accordingly, it is now
ORDERED:
(1) Pursuant to Fed. R. Civ. P. 41(a)(1)(A)(ii), this action is DISMISSED with
prejudice with regard to Defendant Experian Information Solutions, Inc. only.
(2) The Clerk is directed to terminate Defendant Experian Information Solutions,
Inc. from this action.
DONE and ORDERED in Fort Myers, Florida this 12th day of March, 2014.

Copies: All Parties of Record

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