Kennedy v. PSM Colonial Crossings, LLC et al

Filing 26

ORDER re 25 Notice of settlement filed by PSM Colonial Crossings, LLC. The parties' Joint Notice of Settlement and Stipulation for Dismissal With Prejudice 25 is GRANTED in part and DENIED in part to the extent that the above-caption ed case is DISMISSED with prejudice against Defendant PSM Colonial Crossing, LLC ONLY; otherwise, the parties' request that the Court retain jurisdiction is denied. The Clerk is DIRECTED to enter judgment accordingly, and terminate defendant PSM COLONIAL CROSSINGS, LLC from the docket. This case shall remain open as to the remaining defendants. Signed by Judge Sheri Polster Chappell on 11/18/2016. (LMF)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
FORT MYERS DIVISION
PATRICIA KENNEDY, individually
Plaintiff,
v.

Case No: 2:16-cv-722-FtM-99CM

PSM COLONIAL CROSSINGS, LLC,
CREATIVE HAIRDRESSERS, INC.,
THE PHILLY JUNCTION, INC. and
MATTHEW THOMAS SALON, INC.,
Defendants.
/
ORDER1
This matter comes before the Court on the parties’ Joint Notice of Settlement and
Stipulation for Dismissal With Prejudice (Doc. #25) filed on November 18, 2016. Plaintiff
and Defendant PSM Colonial Crossings, LLC have settled this matter, resolving all claims
between them that were and could have been brought in this action. Therefore, they
stipulate to dismissing all claims in this action with prejudice with attorneys’ fees and costs
to be disbursed as specified in the parties’ settlement agreement. The parties also
request that the Court retain jurisdiction over this matter in order to enforce the terms of
the settlement agreement.
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

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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). In compliance with
Rule 41(a), the Court dismisses this case with prejudice. However, it declines to retain
jurisdiction as requested.2
Accordingly, it is now
ORDERED:
(1) The parties’ Joint Notice of Settlement and Stipulation for Dismissal With Prejudice
(Doc. #25) is GRANTED in part and DENIED in part to the extent that the abovecaptioned case is DISMISSED with prejudice against Defendant PSM Colonial
Crossing, LLC ONLY; otherwise, the parties’ request that the Court retain
jurisdiction is denied.
(2) The Clerk is DIRECTED to enter judgment accordingly, and terminate defendant
PSM COLONIAL CROSSINGS, LLC from the docket. This case shall remain
open as to the remaining defendants.
DONE and ORDERED in Fort Myers, Florida this 18th day of November, 2016.

Copies: All Parties of Record

The parties’ filing is ambiguous as to whether this matter has been settled as to all Defendants. If the
matter has completely settled, all parties and their attorneys who have appeared must sign and file a
stipulation of dismissal.
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