Cooper v. Brookdale Senior Living Communities, Inc.

Filing 11

ORDER dismissing case re 10 Stipulation of Dismissal. Pursuant to the parties' Joint Stipulation of Dismissal without Prejudice 10 and Rule 41(a)(1)(A)(ii), the Complaint 1 is DISMISSED without prejudice. The Clerk is directed to terminate any pending motions, enter judgment, and close the case. Signed by Judge Sheri Polster Chappell on 12/19/2014. (LMF)

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

Case No: 2:14-cv-633-FtM-38DNF

BROOKDALE SENIOR LIVING
COMMUNITIES, INC.,
Defendant.
/
ORDER1
This matter comes before the Court on Joint Stipulation of Dismissal without
Prejudice (Doc. #10) filed on December 17, 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 Lisa Cooper and Defendant Brookdale Senior
Living Communities, Inc., indicate this matter is dismissed without prejudice. Both parties

1

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have signed the agreement. Therefore, this matter is due to be dismissed without
prejudice pursuant to Rule 41(a)(1)(A)(ii).
Accordingly, it is now
ORDERED:
1. Pursuant to the parties’ Joint Stipulation of Dismissal without Prejudice (Doc.
#10) and Rule 41(a)(1)(A)(ii), the Complaint (Doc. #1) is DISMISSED without
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 18th day of December, 2014.

Copies: All Parties of Record

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