PENSACOLA FIREFIGHTERS' RELIEF AND PENSION FUND BOARD OF TRUSTEES v. MERRILL LYNCH PIERCE FENNER & SMITH INC et al

Filing 35

ORDER re 34 MOTION to Dismiss Defendant Callaway filed by PENSACOLA FIREFIGHTERS' RELIEF AND PENSION FUND BOARD OF TRUSTEES. As the stipulation does not contain a signature on behalf of all parties, dismissal cannot be entered. Pursuant to Rule 41(a)(1)(ii), plaintiff may file a stipulation for dismissal signed by all parties appearing in the action, or otherwise file a motion for dismissal under Rule 41(a)(2). Signed by District Judge M CASEY RODGERS on 6/17/09. (lcu)

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UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF FLORIDA PENSACOLA FLORIDA

PENSACOLA FIREFIGHTER'S RELIEF AND PENSION FUND BOARD OF DIRECTORS, Plaintiff, vs. MERRILL LYNCH, PIERCE, FENNER & SMITH, INCORPORATED and MICHAEL A. CALLAWAY, Defendants. / ORDER This matter is before the undersigned on the Stipulation for Dismissal as to Defendant Michael A. Callaway, which was filed by plaintiff June 17, 2009. (Doc. 34). The Federal Rules of Civil Procedure provide that an action may be dismissed upon filing a stipulation of dismissal signed by all parties who have appeared in the action. Fed.R.Civ.P. 41(a)(1)(ii). As the stipulation does not contain a signature on behalf of all parties, dismissal cannot be entered. Pursuant to Rule 41(a)(1)(ii), plaintiff may file a stipulation for dismissal signed by all parties appearing in the action, or otherwise file a motion for dismissal under Rule 41(a)(2).1 DONE this 17th day of June, 2009. s/ CASE NO.: 3:09cv53/MCR/MD

M. Casey Rodgers

M. CASEY RODGERS UNITED STATES DISTRICT JUDGE

1

Motions filed m u s t be in com p lia n c e with N.D. Fla. Loc. R. 7.1(B).