Arcadia Development LLC v. Winn-Dixie Stores, Inc. et al

Filing 45

ORDER re 43 Stipulation of Dismissal filed by Winn-Dixie Stores Leasing, LLC, Winn-Dixie Stores, Inc. Plaintiff Arcadia Development LLC and Defendants Winn-Dixie Stores, Inc. and Winn-Dixie Stores Leasing, LLC's Stipulation of Dismis sal with Prejudice 43 is GRANTED in part and DENIED in part. The above-captioned case is DISMISSED with prejudice, and the Court declines to retain jurisdiction over this case in order to enforce the parties' settlement agreement. The Clerk of Court is DIRECTED to enter judgment accordingly, terminate all pending motions and deadlines, and close the file. Signed by Judge Sheri Polster Chappell on 3/27/2018. (LMF)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
FORT MYERS DIVISION
ARCADIA DEVELOPMENT LLC,
Plaintiff,
v.

Case No: 2:17-cv-552-FtM-38MRM

WINN-DIXIE STORES, INC. and
WINN-DIXIE STORES LEASING,
LLC,
Defendants.
/
ORDER1
This matter comes before the Court on Plaintiff Arcadia Development LLC and
Defendants Winn-Dixie Stores, Inc. and Winn-Dixie Stores Leasing, LLC’s Stipulation of
Dismissal with Prejudice. (Doc. 43). As the parties have settled this case, they stipulate
to dismissing all claims in this action with prejudice and with each side to bear its own
fees and costs. The parties also request 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
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). In compliance with
Rule 41(a), the Court dismisses this case with prejudice. The Court, however, declines
to retain jurisdiction as requested.
Accordingly, it is now
ORDERED:
Plaintiff Arcadia Development LLC and Defendants Winn-Dixie Stores, Inc. and
Winn-Dixie Stores Leasing, LLC’s Stipulation of Dismissal with Prejudice (Doc. 43) is
GRANTED in part and DENIED in part.
(1) The above-captioned case is DISMISSED with prejudice, and the Court
declines to retain jurisdiction over this case in order to enforce the parties'
settlement agreement.
(2) The Clerk of 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 26th day of March, 2018.

Copies: All Parties of Record

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