Miller's Furniture of Mercer Company v. Banner Life Insurance Company,, 2:17-cv-456-FtM-38CM. (2018)
Court: District Court, M.D. Florida
Number: infdco20180112a07
Visitors: 6
Filed: Jan. 11, 2018
Latest Update: Jan. 11, 2018
Summary: ORDER 1 SHERI POLSTER CHAPPELL , District Judge . This matter comes before the Court the Stipulation of Dismissal With Prejudice (Doc. 75) filed on January 11, 2018. Federal Rule of Civil Procedure 41(a)(1)(A)(ii) allows a plaintiff to dismiss an action voluntarily if a stipulation of dismissal is signed by all parties who have appeared. This dismissal is effective upon filing and requires no further action by the Court. See Anago Franchising, Inc. v. Shaz, LLC, 677 F.3d 1272 , 1278 (1
Summary: ORDER 1 SHERI POLSTER CHAPPELL , District Judge . This matter comes before the Court the Stipulation of Dismissal With Prejudice (Doc. 75) filed on January 11, 2018. Federal Rule of Civil Procedure 41(a)(1)(A)(ii) allows a plaintiff to dismiss an action voluntarily if a stipulation of dismissal is signed by all parties who have appeared. This dismissal is effective upon filing and requires no further action by the Court. See Anago Franchising, Inc. v. Shaz, LLC, 677 F.3d 1272 , 1278 (11..
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ORDER1
SHERI POLSTER CHAPPELL, District Judge.
This matter comes before the Court the Stipulation of Dismissal With Prejudice (Doc. 75) filed on January 11, 2018. Federal Rule of Civil Procedure 41(a)(1)(A)(ii) allows a plaintiff to dismiss an action voluntarily if a stipulation of dismissal is signed by all parties who have appeared. This dismissal is effective upon filing and requires no further action by the Court. See Anago Franchising, Inc. v. Shaz, LLC, 677 F.3d 1272, 1278 (11th Cir. 2012). Here, Plaintiff and Defendants Banner Life Insurance Company, William Penn Life Insurance Company of New York, DJM Advisory Group LLC, and Donald Quirke, stipulate to dismissing this case with prejudice. Although the Stipulation does not include dismissal of claims against Defendants John Does 1-10, these Defendants have not been named nor served, and the time to do so has long since passed. Therefore, the Court will terminate these unnamed defendants.
Accordingly, it is now
ORDERED:
(1) This action is DISMISSED with prejudice, and the Clerk of Court is directed to enter judgment accordingly, terminate all pending motions and deadlines, and close the file.
(2) The Clerk is further directed to terminate Defendants John Does 1-12.
DONE and ORDERED.
FootNotes
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Source: Leagle
