Lindsey v. Lowe's Companies, Inc. et al

Filing 11

ORDER granting 10 Stipulated Motion for Dismissal With Prejudice. Signed by District Judge Richard Voorhees on 4/30/2015. (cbb)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF NORTH CAROLINA
STATESVILLE DIVISION
CIVIL DOCKET NO.: 5:14CV131-RLV

CINDY JO LINDSEY,
Plaintiff,
v.
LOWE’S COMPANIES, INC.,
LOWE’S HOME CENTERS, LLC,
Defendants.
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ORDER

THIS MATTER comes before the Court on a “Stipulated Motion For Dismissal With
Prejudice” pursuant to Rule 41(a)(2) and (c) of the Federal Rules of Civil Procedure, filed April
24, 2015.1 (Doc. 10). The mediator, Jonathan R. Harkavy, advised the Court in March 2015 that
the case was completely settled. (Doc. 8). The Stipulated Motion represents that each party is to
bear its own costs and expenses.
IT IS, THEREFORE, ORDERED that the parties’ Stipulated Motion For Dismissal With
Prejudice is hereby GRANTED.
Signed: April 30, 2015

1

United States Magistrate Judge David C. Keesler directed the parties to file a Stipulation of
Dismissal on or before April 27, 2015. (Doc. 9). See Fed. R. Civ. P. 41(a)(1)(A)(ii)(2014) (providing for
voluntary dismissal by plaintiff without a court order given stipulation of dismissal signed by all parties
who have appeared). For the parties’ future practice in this federal district, the undersigned notes that
compliance with Rule 41(a)(1)(A)(ii) is standard practice. In addition, the parties’ motion relies in part on
Rule 41(c), which does not apply here since subsection (c) governs dismissal of counterclaims,
crossclaims, and third-party claims.