Goros v. Sun Life Assurance Company of Canada

Filing 38

ORDER granting 37 Plaintiff George T. Goros and Defendant Sun Life Assurance Company of Canada's Joint Motion to Withdraw Defendant's Motion for Attorneys' Fees and Non-Taxable Costs and Stipulation of Dismissal With Prejudice. This action is DISMISSED with prejudice. Defendant's Motion for Attorneys' Fees and Non-Taxable Costs 34 is DENIED as moot. The Clerk is DIRECTED to enter an amended judgment accordingly and close the file. Signed by Judge Sheri Polster Chappell on 10/6/2017. (LMF)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
FORT MYERS DIVISION
GEORGE T. GOROS,
Plaintiff,
v.

Case No: 2:16-cv-233-FtM-38CM

SUN LIFE ASSURANCE COMPANY
OF CANADA,
Defendant.
/
ORDER1
This matter comes before the Court on Plaintiff George Goros and Defendant Sun
Life Assurance Company of Canada’s Joint Motion to Withdraw Defendant’s Motion for
Attorneys’ Fees and Non-Taxable Costs and Stipulation of Dismissal With Prejudice.
(Doc. 37). The parties jointly move the Court to treat as withdrawn Defendant’s Motion
for Attorneys’ Fees and Non-Taxable Costs (Doc. 34). They also stipulate to dismissing
this action.
Federal Rule of Civil Procedure 41(a)(1)(A)(ii) allows a plaintiff to dismiss an action
voluntarily if a stipulation of dismissal is signed by all parties who have appeared. This
dismissal is effective upon filing and requires no further action by the Court. See Anago

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Franchising, Inc. v. Shaz, LLC, 677 F.3d 1272, 1278 (11th Cir. 2012). Here, the parties
stipulate to dismissing this case with prejudice and with each party to bear its own fees
and costs.
Accordingly, it is now
ORDERED:
(1) Plaintiff George T. Goros and Defendant Sun Life Assurance Company of
Canada’s Joint Motion to Withdraw Defendant’s Motion for Attorneys’ Fees and
Non-Taxable Costs and Stipulation of Dismissal With Prejudice (Doc. 37) is
GRANTED.
(2) This action is DISMISSED with prejudice.
(3) Defendant’s Motion for Attorneys’ Fees and Non-Taxable Costs (Doc. 34) is
DENIED as moot.
(4) The Clerk is DIRECTED to enter an amended judgment accordingly and close
the file.
DONE and ORDERED in Fort Myers, Florida this 6th day of October 2017.

Copies: All Parties of Record

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