Hedengren v. Estero Fire Rescue et al

Filing 44

ORDER re 43 Stipulation of Dismissal filed by Scott Vanderbrook. Pursuant to Joint Stipulation of Dismissal with Prejudice as to Defendant Scott Vanderbrook 43 and Rule 41(a)(1)(A)(ii), the Complaint 1 is DISMISSED with prejudice as to Defendant Scott Vanderbrook, only. The Clerk is directed to terminate Defendant Scott Vanderbrook from the docket. This case remains pending as it relates to all other parties. Signed by Judge Sheri Polster Chappell on 4/30/2015. (LMF)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
FORT MYERS DIVISION
LENA HEDENGREN, an individual
Plaintiff,
v.

Case No: 2:14-cv-333-FtM-38DNF

ESTERO FIRE RESCUE and
SCOTT VANDERBROOK,
Defendants.
/
ORDER1
This matter comes before the Court on Joint Stipulation of Dismissal with Prejudice
as to Defendant Scott Vanderbrook (Doc. #43) filed on April 30, 2015. Federal Rule of
Civil Procedure 41(a)(1)(A), allows a plaintiff to dismiss a case without a court order. Rule
41(a)(1)(A) reads, in pertinent part,
[s]ubject 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 parties stipulate that all counts asserted against Defendant
Scott Vanderbrook are dismissed with prejudice, with each party to bear their own
attorney’s fees and costs. All parties have signed the stipulation.
Accordingly, it is now
ORDERED:
Pursuant to Joint Stipulation of Dismissal with Prejudice as to Defendant Scott
Vanderbrook (Doc. #43) and Rule 41(a)(1)(A)(ii), the Complaint (Doc. #1) is DISMISSED
with prejudice as to Defendant Scott Vanderbrook, only. The Clerk is directed to
terminate Defendant Scott Vanderbrook from the docket. This case remains pending as
it relates to all other parties.
DONE and ORDERED in Fort Myers, Florida this 30th day of April, 2015.

Copies: All Parties of Record

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