Methelus et al v. The School Board Of Collier County, Florida et al

Filing 113

ORDER re 108 MOTION to Dismiss Claims (Voluntary Dismissal) filed by Waybert Nicolas, Zoila Lorenzo, Maria Ange Joseph, Rosalba Ortiz, Lesly Methelus, 110 Stipulation of Dismissal filed by Waybert Nicolas, Zoila Lorenzo, Maria Ange Joseph, Rosalba Ortiz, Lesly Methelus. The Stipulated Dismissal of Claims of Lesly Methelus, Rosalba Ortiz, Zoila Lorenzo, Marie Ange Joseph, and Waybert Nicolas 110 is GRANTED. The Clerk of Court is DIRECTED to terminate Plaintiffs Lesley Methelus, on behalf of Y.M., Rosalba Ortiz, on behalf of G.O., Zoila Lorenzo, on behalf of M.D., Marie Ange Joseph, on behalf of K.V., and Waybert Nicolas from the case file. Plaintiffs' Motion for Voluntary Dismissal 108 is DENIED as moot. Signed by Judge Sheri Polster Chappell on 8/2/2017. (LMF)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
FORT MYERS DIVISION
LESLY METHELUS, ROSALBA ORTIZ,
ZOILA LORENZO, MARIA ANGE
JOSEPH, EMILE ANTOINE, LUCENIE
HILAIRE DUROSIER, MARTA ALONSO
and WAYBERT NICOLAS, on behalf of
Y.M., a minor, on behalf of themselves
and all others similarly situated
Plaintiffs,
v.

Case No: 2:16-cv-379-FtM-38MRM

THE SCHOOL BOARD OF COLLIER
COUNTY, FLORIDA and KAMELA
PATTON,
Defendants.
/
ORDER1
This matter comes before the Court on the Stipulated Dismissal of Claims of Lesly
Methelus, Rosalba Ortiz, Zoila Lorenzo, Marie Ange Joseph and Waybert Nicolas. (Doc.
110). Federal Rule of Civil Procedure 41(a)(1)(A)(ii) allows a plaintiff to dismiss an action
voluntarily by filing a stipulation of dismissal signed by all parties who have appeared.
This dismissal is effective upon filing and requires no further action by the Court. See
Anago Franchising, Inc. v. Shaz, LLC, 677 F.3d 1272, 1278 (11th Cir. 2012).

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Here, the parties stipulate to the voluntary dismissal of the claims of Plaintiffs
Lesley Methelus, on behalf of Y.M., Rosalba Ortiz, on behalf of G.O., Zoila Lorenzo, on
behalf of M.D., Marie Ange Joseph, on behalf of K.V., and Waybert Nicolas. (Doc. 110).
But this stipulated dismissal does not end this litigation, as Plaintiffs N.A., T.J.H., and I.A.
continue to pursue their claims.
Accordingly, it is now
ORDERED:
(1) The Stipulated Dismissal of Claims of Lesly Methelus, Rosalba Ortiz, Zoila
Lorenzo, Marie Ange Joseph, and Waybert Nicolas (Doc. 110) is GRANTED.
(2) The Clerk of Court is DIRECTED to terminate Plaintiffs Lesley Methelus, on
behalf of Y.M., Rosalba Ortiz, on behalf of G.O., Zoila Lorenzo, on behalf of
M.D., Marie Ange Joseph, on behalf of K.V., and Waybert Nicolas from the
case file.
(3) Plaintiffs’ Motion for Voluntary Dismissal (Doc. 108) is DENIED as moot.
DONE and ORDERED in Fort Myers, Florida this 2nd day of August, 2017.

Copies: All Parties of Record

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