Santiago v. BP America Production Company, 1:19-cv-399-TFM-MU-C. (2019)
Court: District Court, S.D. Alabama
Number: infdco20190911986
Visitors: 6
Filed: Sep. 10, 2019
Latest Update: Sep. 10, 2019
Summary: ORDER TERRY F. MOORER , District Judge . Pending before the Court is the parties' Rule 41(a) Stipulation of Dismissal With Prejudice. Doc. 15, filed September 9, 2019. The Rules of Civil Procedure permit a plaintiff to voluntarily dismiss the action without an order of the court "by filing a notice of dismissal before the opposing party serves either an answer or a motion for summary judgment" or "a stipulation signed by all parties who have appeared." FED. R. CIV. P. 41(a)(1)(A). The jo
Summary: ORDER TERRY F. MOORER , District Judge . Pending before the Court is the parties' Rule 41(a) Stipulation of Dismissal With Prejudice. Doc. 15, filed September 9, 2019. The Rules of Civil Procedure permit a plaintiff to voluntarily dismiss the action without an order of the court "by filing a notice of dismissal before the opposing party serves either an answer or a motion for summary judgment" or "a stipulation signed by all parties who have appeared." FED. R. CIV. P. 41(a)(1)(A). The joi..
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ORDER
TERRY F. MOORER, District Judge.
Pending before the Court is the parties' Rule 41(a) Stipulation of Dismissal With Prejudice. Doc. 15, filed September 9, 2019. The Rules of Civil Procedure permit a plaintiff to voluntarily dismiss the action without an order of the court "by filing a notice of dismissal before the opposing party serves either an answer or a motion for summary judgment" or "a stipulation signed by all parties who have appeared." FED. R. CIV. P. 41(a)(1)(A). The joint stipulation is signed by both sides and Plaintiff reserves remaining rights that he may have under the Deepwater Horizon Medical Benefits Class Action Settlement Agreement.1 Doc. 15.
Consequently, by operation of Fed. R. Civ. P. 41(a)(1)(A), this action has been dismissed in accordance with the joint notice. Therefore, the claims in this case are dismissed with prejudice with each party to bear their own attorneys' fees and costs.
The Clerk of the Court is DIRECTED to close this case.
FootNotes
1. In the Matter of Oil Spill by the Oil Rig "Deepwater Horizon" in the Gulf of Mexico, on April 20, 2010. No. 2:10-md-02179-CJB-JCW, Doc. 8217 (E.D. La. Jan. 11, 2013).
Source: Leagle
