Mayo v. Jean Nicole Hair Salons, Inc. et al

Filing 33

ORDER re 32 Stipulation of Dismissal filed by Alexis Mayo. The Plaintiff Alexis Mayo and Defendants Jean Nicole Hair Salons, Inc., Douglas S. Gast, and Sandra K. Gast's Stipulation of Dismissal 32 is GRANTED. 1. Count I of the Amended Complaint is DISMISSED with prejudice. 2. Count II of the Amended Complaint is DISMISSED without prejudice. 3. The Clerk if the Court is directed to enter judgment accordingly, terminate all pending motions and deadlines and close the file. Signed by Judge Sheri Polster Chappell on 9/3/2015. (LMF)

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

Case No: 2:15-cv-115-FtM-38MRM

JEAN NICOLE HAIR SALONS, INC.,
DOUGLAS S. GAST and SANDRA K.
GAST,
Defendants.
/
ORDER1
This matter comes before the Court on the Plaintiff Alexis Mayo and Defendants
Jean Nicole Hair Salons, Inc., Douglas S. Gast, and Sandra K. Gast's Stipulation of
Dismissal (Doc. #32) filed on September 1, 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 advise that Count I of the Amended Complaint is
voluntarily dismissed with prejudice and Count II of the Amended Complaint is dismissed
without prejudice. Therefore, the case is due to be dismissed with Count I dismissed with
prejudice and Count II dismissed without prejudice. Each Party will bear their own
attorney’s fees and costs.
Accordingly, it is now
ORDERED:
The Plaintiff Alexis Mayo and Defendants Jean Nicole Hair Salons, Inc., Douglas
S. Gast, and Sandra K. Gast's Stipulation of Dismissal (Doc. #32) is GRANTED.
1. Count I of the Amended Complaint is DISMISSED with prejudice.
2. Count II of the Amended Complaint is DISMISSED without prejudice.
3. The Clerk if the Court is directed to enter judgment accordingly, terminate
all pending motions and deadlines and close the file.
DONE and ORDERED in Fort Myers, Florida this 2nd day of September, 2015.

Copies: All Parties of Record

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