Cohan v. The Mariner Motel & Apartments

Filing 23

ORDER dismissing case re 22 Stipulation of Dismissal. Pursuant to the parties' Joint Stipulation of Dismissal with Prejudice 22 and Rule 41(a)(1)(A)(ii), the Complaint 1 is DISMISSED with prejudice. The Clerk is directed to terminate any pending motions, enter judgment, and close the case. Signed by Judge Sheri Polster Chappell on 12/3/2014. (LMF)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
FORT MYERS DIVISION
HOWARD COHAN,
Plaintiff,
v.

Case No: 2:14-cv-372-FtM-38DNF

THE MARINER MOTEL &
APARTMENTS,
Defendant.
/
ORDER1
This matter comes before the Court on Joint Stipulation of Dismissal with Prejudice
(Doc. #22) filed on November 20, 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, the parties, Plaintiff Howard Cohen and Defendant The Mariner
Motel & Apartments, indicate this matter is dismissed with prejudice. Both parties have
signed the agreement. Therefore, this matter is due to be dismissed with prejudice
pursuant to Rule 41(a)(1)(A)(ii).

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Accordingly, it is now
ORDERED:
1. Pursuant to the parties’ Joint Stipulation of Dismissal with Prejudice (Doc. #22)
and Rule 41(a)(1)(A)(ii), the Complaint (Doc. #1) is DISMISSED with
prejudice.
2. The Clerk is directed to terminate any pending motions, enter judgment, and
close the case.
DONE and ORDERED in Fort Myers, Florida this 3rd day of December, 2014.

Copies: All Parties of Record

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