Cohan v. Conti et al
Filing
18
ORDER dismissing case re 17 Stipulation of Dismissal. The Plaintiff, Howard Cohan and the Defendant, Robert Conti, Gerarda G. Daldone, Ulia Conti, and Holistic Health Healing, Inc.'s Stipulation of Dismissal 17 is GRANTED. The Clerk of the Court is directed to DISMISS the case, enter judgment accordingly, terminate any pending motions, and close the file. Signed by Judge Sheri Polster Chappell on 8/28/2014. (LMF)
UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
FORT MYERS DIVISION
HOWARD COHAN,
Plaintiff,
v.
Case No: 2:14-cv-235-FtM-38DNF
ROBERTO CONTI, GERARDA G.
DALDONE,
ULIA
CONTI
and
HOLISTIC HEALTH HEALING INC.,
Defendants.
/
ORDER1
This matter comes before the Court on the Plaintiff, Howard Cohan and the
Defendant, Robert Conti, Gerarda G. Daldone, Ulia Conti, and Holistic Health Healing,
Inc.’s Stipulation of Dismissal (Doc. #17) filed on August 15, 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).
1
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In this instance, the Plaintiff informs the Court that he voluntarily dismisses the
Complaint with prejudice. No answer or summary judgment has been filed, therefore; the
case is due to be dismissed with prejudice.
Accordingly, it is now
ORDERED:
The Plaintiff, Howard Cohan and the Defendant, Robert Conti, Gerarda G.
Daldone, Ulia Conti, and Holistic Health Healing, Inc.’s Stipulation of Dismissal (Doc. #17)
is GRANTED. The Clerk of the Court is directed to DISMISS the case, enter judgment
accordingly, terminate any pending motions, and close the file.
DONE and ORDERED in Fort Myers, Florida this 28th day of August, 2014.
Copies: All Parties of Record
2
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