Broadcast Music, Inc. et al v. Edward & Anthony, Inc. et al

Filing 12

ORDER re 11 Stipulation of Dismissal filed by Broadcast Music, Inc. Pursuant to the Voluntary Dismissal with Prejudice 11 and Rule 41(a)(1)(A)(i), the Complaint 1 is DISMISSED with prejudice. The Clerk is directed to close the file, terminate any and all pending motions, and enter judgment accordingly. Signed by Judge Sheri Polster Chappell on 10/29/2014. (LMF)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
FORT MYERS DIVISION
BROADCAST MUSIC, INC., SONGS
OF UNIVERSAL, INC., HOUSE OF
CASH, INC., UNIVERSAL - SONGS OF
POLYGRAM INTERNATIONAL, INC.,
NAG PUBLISHING and PAINTED
DESERT MUSIC CORPORATION,
Plaintiffs,
v.

Case No: 2:14-cv-473-FtM-38CM

EDWARD & ANTHONY, INC.,
CATHERINE GOODMAN and
GEORGE OSLER,
Defendants.
/
ORDER1
This matter comes before the Court on Voluntary Dismissal with Prejudice (Doc.
#11) filed on October 29, 2014. 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).

1

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In this instance, Plaintiffs indicate the parties stipulate to dismissing this action with
prejudice. Plaintiffs further indicate all parties will bear its/their own attorneys’ fees and
costs. A review of the docket, reveals that no defendant has appeared in this action.
Since, no defendant has filed an answer or motion for summary judgment, the Court finds
this matter is due to be dismissed pursuant to Rule 41(a)(1)(A)(i).
Accordingly, it is now
ORDERED:
Pursuant to the Voluntary Dismissal with Prejudice (Doc. #11) and Rule
41(a)(1)(A)(i), the Complaint (Doc. #1) is DISMISSED with prejudice. The Clerk is
directed to close the file, terminate any and all pending motions, and enter judgment
accordingly.
DONE and ORDERED in Fort Myers, Florida this 29th day of October, 2014.

Copies: All Parties of Record

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