Miller's Furniture of Mercer Company v. Banner Life Insurance Company, et al

Filing 77

ORDER re 75 Stipulation of Dismissal filed by DJM Advisory Group LLC. This action is DISMISSED with prejudice, and the Clerk of Court is directed to enter judgment accordingly, terminate all pending motions and deadlines, and close the file. The Clerk is further directed to terminate Defendants John Does 1-12. Signed by Judge Sheri Polster Chappell on 1/11/2018. (LMF)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
FORT MYERS DIVISION
MILLER’S FURNITURE OF MERCER
COMPANY, a Pennsylvania
Corporation, individually and as the
representative of a class of similarlysituated persons
Plaintiff,
v.

Case No: 2:17-cv-456-FtM-38CM

BANNER LIFE INSURANCE
COMPANY, WILLIAM PENN LIFE
INSURANCE COMPANY OF NEW
YORK, DJM ADVISORY GROUP
LLC, DONALD QUIRKE and JOHN
DOES 1-12,
Defendants.
/
ORDER1
This matter comes before the Court the Stipulation of Dismissal With Prejudice
(Doc. 75) filed on January 11, 2018. 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 Franchising, Inc. v. Shaz, LLC, 677 F.3d 1272, 1278 (11th Cir.
2012). Here, Plaintiff and Defendants Banner Life Insurance Company, William Penn Life

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Insurance Company of New York, DJM Advisory Group LLC, and Donald Quirke, stipulate
to dismissing this case with prejudice. Although the Stipulation does not include dismissal
of claims against Defendants John Does 1-10, these Defendants have not been named
nor served, and the time to do so has long since passed. Therefore, the Court will
terminate these unnamed defendants.
Accordingly, it is now
ORDERED:
(1)

This action is DISMISSED with prejudice, and the Clerk of Court is directed

to enter judgment accordingly, terminate all pending motions and deadlines, and close
the file.
(2)

The Clerk is further directed to terminate Defendants John Does 1-12.

DONE and ORDERED in Fort Myers, Florida this 11th day of January, 2018.

Copies: All Parties of Record

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