HOLLEY v. CITY OF HIGH SPRINGS

Filing 32

ORDER re 31 Notice of Voluntary Dismissal filed by DEBORAH HOLLEY - If terms are agreeable, parties shall file a joint stipulation of dismissal. (Joint Stipulation of Dismissal by 12/30/2011.). Signed by MAGISTRATE JUDGE GARY R JONES on 12/23/2011. (jws)

Page 1 of 2

IN THE UNITED STATES DISTRICT COURT FOR THE
NORTHERN DISTRICT OF FLORIDA
GAINESVILLE DIVISION
DEBORAH HOLLEY,
Plaintiff,
v.

CASE NO. 1:11-cv-00095-MP-GRJ

CITY OF HIGH SPRINGS,
Defendant.
_____________________________/
ORDER
This matter is before the Court on doc. 31, Notice of Voluntary Dismissal by
Deborah Holley. The plaintiff indicates that this matter has been amicably resolved and
all conditions of settlement have occurred. As such, the plaintiff gives notice, pursuant
to Rule 41 of the Federal Rules of Civil Procedure, that she dismisses with prejudice all
claims against the defendant, with each party to bear its own attorney's fees and costs.
Unless a notice of dismissal is filed before the defendant serves an answer or
motion for summary judgment or a stipulation is signed by all parties who have
appeared, the action may be dismissed at the plaintiff’s request only by court order.
See Fed. R. Civ. P. 41(a). Here, the defendant has answered the complaint but has not
signed a stipulation of dismissal. Since the requested dismissal provides that each
party is to bear its own attorney's fees and costs, the defendant’s acceptance of these
terms is required.
Accordingly, it is now ORDERED as follows:

Page 2 of 2

1.

If the terms are agreeable, the parties shall file a joint stipulation of
dismissal on or before December 30, 2011.

DONE AND ORDERED this 23rd day of December, 2011.

áBZtÜç eA ]ÉÇxá
GARY R. JONES
United States Magistrate Judge

Case No: 1:96-cr-00020-MP-AK-4