Grady v. Hospitality Food Service

Filing 24

ORDER: This action is DISMISSED WITH PREJUDICE. IT IS FURTHER ORDERED that the Court declines to retainjurisdiction over this matter. Signed by District Judge Martin Reidinger on 10/29/2014. (klb)

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IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF NORTH CAROLINA BRYSON CITY DIVISION CIVIL CASE NO. 2:14-cv-00018-MR-DLH ROLAND GRADY, an individual, ) ) Plaintiff, ) ) vs. ) ) ) HOSPITALITY FOOD SERVICE, ) L.L.C., d/b/a Huddle House, a North ) Carolina Limited Liability Company, ) ) Defendant. ) ________________________________ ) ORDER THIS MATTER is before the Court on the Parties’ Joint Notice of Dismissal with Prejudice of All Claims against Defendants [sic] and Request for Retention of Jurisdiction [Doc. 23]. The Court construes the parties’ “Joint Notice of Dismissal” as a stipulation of dismissal pursuant Rule 41(a)(1)(A)(ii) of the Federal Rules of Civil Procedure. Accordingly, this case is dismissed without the entry of an order by this Court. See id. To the extent that the parties request that this Court retain jurisdiction over this matter, such request is denied. If either party wishes to enforce the terms of the parties’ Settlement Agreement, that party may file a new lawsuit asserting a breach of that Agreement. IT IS, THEREFORE, ORDERED that this action is hereby DISMISSED WITH PREJUDICE pursuant to Fed. R. Civ. P. 41(a)(1)(A)(i). IT IS FURTHER ORDERED that the Court declines to retain jurisdiction over this matter. IT IS SO ORDERED. 2

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