Menefee v. City of Huntsville Board of Education, 5:18-cv-1481-LCB. (2019)
Court: District Court, N.D. Alabama
Number: infdco20191231727
Visitors: 10
Filed: Dec. 30, 2019
Latest Update: Dec. 30, 2019
Summary: MEMORANDUM LILES C. BURKE , District Judge . The parties have filed a Joint Stipulation of Dismissal with Prejudice (Doc. 73). Parties may dismiss a lawsuit voluntarily by filing a stipulation of dismissal signed by all parties who have appeared, except in suits involving class or derivative actions, unincorporated associations, and receiverships. Fed. R. Civ. P. 41(a)(1)(A)(ii). None of these exceptions apply in this case. Because the parties have filed a joint stipulation of dismissal s
Summary: MEMORANDUM LILES C. BURKE , District Judge . The parties have filed a Joint Stipulation of Dismissal with Prejudice (Doc. 73). Parties may dismiss a lawsuit voluntarily by filing a stipulation of dismissal signed by all parties who have appeared, except in suits involving class or derivative actions, unincorporated associations, and receiverships. Fed. R. Civ. P. 41(a)(1)(A)(ii). None of these exceptions apply in this case. Because the parties have filed a joint stipulation of dismissal si..
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MEMORANDUM
LILES C. BURKE, District Judge.
The parties have filed a Joint Stipulation of Dismissal with Prejudice (Doc. 73). Parties may dismiss a lawsuit voluntarily by filing a stipulation of dismissal signed by all parties who have appeared, except in suits involving class or derivative actions, unincorporated associations, and receiverships. Fed. R. Civ. P. 41(a)(1)(A)(ii). None of these exceptions apply in this case.
Because the parties have filed a joint stipulation of dismissal signed by all parties who have appeared, the case was dismissed, with prejudice, immediately upon filing. Love v. Wal-Mart Stores, Inc., 865 F.3d 1322, 1325 (11th Cir. 2017) (holding that a joint stipulation of dismissal is "self-executing" and dismisses the case upon proper filing)). The Clerk of Court is therefore DIRECTED to close this case.
DONE and ORDERED.
Source: Leagle
