Santos-Garcia et al v. Jackson Cirtus, Inc.

Filing 26

ORDER dismissing case re 25 Stipulation of Dismissal. Pursuant to Stipulation of Dismissal 25 and Rule 41(a)(1)(A)(ii), this action is DISMISSED without prejudice with regard to Plaintiff Thomas Hernandez-Silverio, only. The Clerk is directed to terminate Plaintiff Thomas Hernandez-Silverio 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
DAMIAN SANTOS-GARCIA, SIMON
GUZMAN-ROMERO, TOMAS
HERNANDEZ-SILVERIO and
GUILLERMO MARTINEZHERNANDEZ, individually and on
behalf of all other persons similarly
situated
Plaintiffs,
v.

Case No: 2:14-cv-603-FtM-38CM

JACKSON CITRUS, INC.,
Defendant.
/
ORDER1
This matter comes before the Court on Stipulation of Dismissal (Doc. #25) filed on
April 29, 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:
(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 dismiss this action with regard to Plaintiff Thomas
Hernandez-Silverio only. All parties have signed the stipulation. As a result, the matter
against Hernandez-Silverio is due to be dismissed without prejudice pursuant to Rule
41(a)(1)(A)(ii). See Appleby v. Hickman Const., Inc., No. 1:12cv237-SPM/GRJ, 2013 WL
1197758 (N.D. Fla. Mar. 25, 2013).
Accordingly, it is now
ORDERED:
Pursuant to Stipulation of Dismissal (Doc. #25) and Rule 41(a)(1)(A)(ii), this action
is DISMISSED without prejudice with regard to Plaintiff Thomas Hernandez-Silverio,
only. The Clerk is directed to terminate Plaintiff Thomas Hernandez-Silverio 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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