Hernandez v. Aaron's Sales and Lease Ownership, Inc.

Filing 12

ORDER dismissing case re 11 the Plaintiff, Debra Hernandez' Joint Stipulation of Voluntary Dismissal with Leave to Amend. The Case is hereby DISMISSED without prejudice. All Parties shall bear their own cost and expenses incurred in this matter. The Defendant Aaron's Sales and Lease Ownership, Inc.'s Motion to Dismiss 6 is DENIED as moot.The Clerk of the Court is directed to enter judgment accordingly, terminate any pending motions, and close the file. Signed by Judge Sheri Polster Chappell on 12/31/2013. (LMF)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
FORT MYERS DIVISION

DEBRA HERNANDEZ,
Plaintiff,
v.

Case No: 2:13-cv-845-FtM-38DNF

AARONS SALES AND LEASE
OWNERSHIP, INC.,
Defendant.
/
ORDER1
This matter comes before the Court on the Plaintiff, Debra Hernandez' Joint
Stipulation of Voluntary Dismissal with Leave to Amend (Doc. #11) filed on December
30, 2013. 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, the Plaintiff informs the Court that the Parties stipulate to the
dismissal of this action without prejudice with leave to amend. The stipulation is signed
by all Parties and no answer or summary judgment has been filed, therefore; the case is
due to be dismissed without prejudice.
The Defendant’s Motion to Dismiss (Doc. #6) filed on December 10, 2013, is
denied as moot.
Accordingly, it is now ORDERED:
The Plaintiff, Debra Hernandez' Joint Stipulation of Voluntary Dismissal with Leave
to Amend (Doc. #11) is GRANTED. The Case is hereby DISMISSED without prejudice.
All Parties shall bear their own cost and expenses incurred in this matter.
(1) The Defendant Aaron’s Sales and Lease Ownership, Inc.’s Motion to Dismiss
(Doc. #6) is DENIED as moot.
(2) The Clerk of the Court is directed to enter judgment accordingly, terminate any
pending motions, and close the file.
DONE and ORDERED in Fort Myers, Florida this 31st day of December, 2013.

Copies: All Parties of Record

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