AMENDED STIPULATION OF PLAINTIFFS AND CITIMORTGAGE REGARDING PLAINTIF FS' VOLUNTARY DISMISSAL WITH PREJUDICE AS TO CITIMORTGAGE; ORDER

HAYWOOD S. GILLIAM, Jr., District Judge.

RECITALS

This stipulation is entered into by and between Plaintiffs ROWEN MADAMBA and LILIA MADAMBA ("Plaintiffs") and Defendant CITIMORTGAGE, INC., ("Defendant"). The parties, by and through their respective counsel of record, hereby stipulate and agree as follows:

1. WHEREAS, Plaintiffs filed the above-referenced action on October 14, 2014;

2. WHEREAS, Plaintiffs filed a Motion to Voluntarily Dismiss (without prejudice) on February 27, 2015 (Dkt. 47);

3. WHEREAS, on March 10, 2015, the Court ordered Defendants to respond to Plaintiffs' Motion for Voluntary Dismissal (Dkt. 48);

4. WHEREAS, all Defendants except CitiMortgage filed a response of non-opposition (Dkt. 49-51);

5. WHEREAS, on March 13, 2015, CitiMortgage moved that the dismissal be entered with prejudice and that CitiMortgage be awarded fees and costs (Dkt. 51);

6. WHEREAS, Plaintiffs and CitiMortgage, hereby stipulate that Plaintiffs dismiss their action against CitiMortgage with prejudice. In exchange, CitiMortgage hereby withdraws its request for attorney fees and costs.

7. WHEREAS, it is the intention of Plaintiffs and CitiMortgage that this stipulated dismissal with prejudice be immediately effective upon filing under Federal Rule of Civil Procedure 41(a)(1)(A)(ii), which provides that "the plaintiff may dismiss an action without court order by filing . . . a stipulation of dismissal signed by all parties who have appeared." Because this stipulation is signed by all parties to the claims against CitiMortgage, this stipulation should be immediately effective under Rule 41(a)(1)(A)(ii).

8. WHEREAS, if the Court decides that Rule 41(a)(1)(A)(ii) does not apply, in the alternative, Plaintiffs and CitiMortgage stipulate that Plaintiff will move under Rule 41(a)(2) for an order dismissing their claims against CitiMortgage with prejudice. In exchange, CitiMortgage will withdraw its request for attorney fees and costs when said motion is granted. No other party to this case will be prejudiced by dismissing the claims against CitiMortgage with prejudice because the other parties have already agreed to the dismissal of the claims against them. Dkt. 49-50.

STIPULATION

NOW, THEREFORE, Plaintiffs and Defendant CitiMortgage, by and through their respective counsel of record, agree and stipulate as follows:

1. Plaintiffs and Defendant CitiMortgage hereby stipulate that, pursuant to Federal Rule of Civil Procedure 41(a)(1)(A)(ii), all claims against CitiMortgage that have been brought or could have been brought in this action are hereby dismissed with prejudice.

2. Out of an abundance of caution, if the Court decides that this stipulated dismissal with prejudice is not immediately effective under Rule 41(a)(1)(A)(ii), Plaintiffs and Defendant CitiMortgage further stipulate that Plaintiffs shall have up to and including March 24, 2015, to file a Motion to Voluntarily Dismiss the case with prejudice as to CitiMortgage under Federal Rule of Civil Procedure 41(a)(2). Upon the entry of an order granting said motion, Defendant CitiMortgage agrees that its motion for attorney fees and costs may be deemed withdrawn at that time.

IT IS SO STIPULATED.

ORDER

Having reviewed the stipulation of Plaintiffs ROWEN MADAMBA and LILIA MADAMBA and Defendant CITIMORTGAGE, INC., and good cause appearing therefor,

IT IS HEREBY ORDERED THAT:

1. Plaintiffs' claims are dismissed with prejudice as to CitiMortgage.

PURSUANT TO STIPULATION, IT IS SO ORDERED.