Jones v. GMAC Mortgage LLC et al

Filing 34

ORDER dismissing case re 32 Stipulation of Dismissal. Pursuant to Rule 41(a)(2), this action is DISMISSED with prejudice with regard to Defendant Equifax Information Services, LLC only.The Clerk is directed to terminate Defendant Equifax Informat ion Services, LLC from this action. This matter is STAYED pursuant to the remaining Defendant GMAC Mortgage, LLC's Suggestion of Bankruptcy 22 . The Clerk is directed to add a stay flag to the docket. Defendant GMAC Mortgage, LLC shall inform the Court in writing as soon as its bankruptcy proceeding is completed. Signed by Judge Sheri Polster Chappell on 3/17/2014. (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 and
EQUIFAX INFORMATION
SERVICES, LLC,
Defendants.
/
ORDER1
This matter comes before the Court on Joint Stipulation of Dismissal with Prejudice
(Doc. #32) filed on March 13, 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, Plaintiff Mikey R. Jones and Defendant Equifax Information
Services, LLC indicate that this matter is dismissed with prejudice, with regard to

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Defendant Equifax Information Services, LLC only. This stipulation of dismissal is signed
by these two parties but not Defendant GMAC Mortgage, LLC. Accordingly, this notice is
insufficient to dismiss this matter against Defendant Equifax Information Services, LLC
pursuant to Rule 41(a)(1). Nonetheless, the Court will construe the notice as a Rule
41(a)(2) motion. And upon consideration of the motion, the Court will dismiss this matter
with prejudice with regard to Defendant Equifax Information Services, LLC. Each party is
to bear its own costs. The Court notes that a controversy remains between Plaintiff Mickey
R. Jones and Defendant GMAC Mortgage, LLC.
Accordingly, it is now
ORDERED:
(1) Pursuant to Rule 41(a)(2), this action is DISMISSED with prejudice with
regard to Defendant Equifax Information Services, LLC only.
(2) The Clerk is directed to terminate Defendant Equifax Information Services, LLC
from this action.
(3) This matter is STAYED pursuant to the remaining Defendant GMAC Mortgage,
LLC’s Suggestion of Bankruptcy. (See Doc. #22).
(4) The Clerk is directed to add a stay flag to the docket.
(5) Defendant GMAC Mortgage, LLC shall inform the Court in writing as soon as
its bankruptcy proceeding is completed.
DONE and ORDERED in Fort Myers, Florida this 17th day of March, 2014.

Copies: All Parties of Record

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