Rundle v. The City of Fort Myers, Florida

Filing 64

ORDER re 63 Stipulation of Dismissal filed by The City of Fort Myers, Florida. The Plaintiff, Rose Rundle and the Defendant, the City of Fort Myers' Joint Stipulation of Dismissal with Prejudice 63 is GRANTED. This case is hereby DISMISSED with prejudice. The Clerk of the Court is directed to enter judgment accordingly, terminate all pending motions and close the file. Signed by Judge Sheri Polster Chappell on 3/18/2015. (LMF)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
FORT MYERS DIVISION
ROSE RUNDLE,
Plaintiff,
v.

Case No: 2:14-cv-135-FtM-38CM

THE CITY
FLORIDA,

OF

FORT

MYERS,

Defendant.
/
ORDER1
This matter comes before the Court on the Plaintiff, Rose Rundle and the
Defendant, the City of Fort Myers' Joint Stipulation of Dismissal with Prejudice (Doc. #63)
filed on March 17, 2015. 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:
A notice of dismissal before the opposing party serves either
an answer or a motion for summary judgment; or
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 all claims in this case against
the City of Fort Myers have been dismissed with prejudice and that all parties will bear
their own attorney’s fees and costs. Therefore, the case is due to be dismissed with
prejudice.
Accordingly, it is now
ORDERED:
The Plaintiff, Rose Rundle and the Defendant, the City of Fort Myers' Joint
Stipulation of Dismissal with Prejudice (Doc. #63) is GRANTED. This case is hereby
DISMISSED with prejudice.

The Clerk of the Court is directed to enter judgment

accordingly, terminate all pending motions and close the file.
DONE and ORDERED in Fort Myers, Florida this 18th day of March, 2015.

Copies: All Parties of Record

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