Riojas v. Waste Facilities, Inc.

Filing 19

ORDER granting 18 Notice of Dismissal (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
MARGARITO RIOJAS,

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Plaintiff,
VS.
WASTE FACILITIES, INC.,
Defendant.

September 05, 2017
David J. Bradley, Clerk

CIVIL NO. 2:16-CV-195

ORDER
BE IT REMEMBERED that on September 5, 2017, the Court considered the
Joint Stipulation of Dismissal with Prejudice (Dkt. No. 18) in the above-captioned
case.
The Parties provide that Plaintiff Margarito Riojas (“Riojas”) “moves to
dismiss his claims with prejudice” and that Defendant Waste Facilities, Inc. (“Waste
Facilities”), who has answered, “agrees to and joins with the dismissal.” Id. at 1
(also stating that the dismissal “is with prejudice to re-filing”). The Parties also
state that the stipulation is entered pursuant to the provisions of Federal Rule of
Civil Procedure 41(a)(1)(A)(ii).
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
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)).
This stipulation is signed by counsel Riojas and counsel for Waste Facilities.
In accordance with the Joint Stipulation of Dismissal and Rule 41(a)(1)(A)(ii), the

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Court ORDERS that the claims in the above-captioned case are DISMISSED
WITH PREJUDICE.
The Clerk of the Court is DIRECTED to close the case.

SIGNED this 5th day of September, 2017.
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Hilda Tagle
Senior United States District Judge

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