Sullivan, Ph.D. v. Texas A&M University - Kingsville

Filing 16

ORDER granting 15 Motion to Dismiss. Case terminated on 10/11/2016.(Signed by Judge Hilda G Tagle) Parties notified.(mserpa, 2)

United States District Court
Southern District of Texas

ENTERED
IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF TEXAS
CORPUS CHRISTI DIVISION
CAROL SULLIVAN, PH.D.,
Plaintiff,
VS.
TEXAS A&M UNIVERSITY KINGSVILLE,
Defendant.

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October 11, 2016
David J. Bradley, Clerk

CIVIL NO. 2:15-CV-231

ORDER
BE IT REMEMBERED that on October 11, 2016 the Court considered the
parties’ stipulation of dismissal with prejudice pursuant to FRCP 41(a)(1). Dkt. No.
15, Attach. 1.
On July 14, 2016, Plaintiff notified the Court that the parties have settled
this case. Notice of Settlement, Dkt. No. 13. Plaintiff represented that finalizing
the settlement would take up to, and possibly more than, 90 days because
Defendant is an agency of the State of Texas. Id. Based on the representations in
Plaintiff’s Notice of Settlement, this Court stayed all outstanding deadlines set in
the scheduling order and vacated the setting for docket call and final pretrial
conference. Order, Dkt. No. 14.
Federal Rule of Civil Procedure 41 states, in part, that “the plaintiff may
dismiss an action without a court order by filing . . . a stipulation of dismissal
signed by all parties who have appeared.”

Fed. R. Civ. P. 41(a)(1)(A)(ii).

“[A]

voluntary order of dismissal requested by both parties is effective upon filing and

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does not require the approval of the court.” SmallBizPros, Inc. v. MacDonald, 618
F.3d 458, 461 (5th Cir. 2010) (quoting Ramming v. Natural Gas Pipeline Co. of Am.,
390 F.3d 366, 369 n.1 (5th Cir. 2004)).

Here, the motion is accompanied by a

proposed order dismissing the case with prejudice, which is “[a]greed” to and signed
by both parties to the action. See Dkt. No. 15, Attach. 1.
In accordance with the signed proposed order, Dkt. No. 15, Attach. 1, and
Rule 41(a)(1)(A)(ii), the Court DIRECTS the Clerk to close the above-captioned
case.
SIGNED this 11th day of October, 2016.

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Hilda Tagle
Senior United States District Judge

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