NATIONWIDE MUTUAL INSURANCE COMPANY v. SOUTH FLORIDA CUSTOM TRIM, INC., 2:14-cv-309-FtM-38CM. (2015)
Court: District Court, M.D. Florida
Number: infdco20150304b57
Visitors: 12
Filed: Mar. 03, 2015
Latest Update: Mar. 03, 2015
Summary: ORDER 1 SHERI POLSTER CHAPPELL , District Judge . This matter is before the Court on Plaintiff Nationwide Mutual Insurance Company and Defendants South Florida Custom Trim, Inc., South Florida Construction of Naples, Inc., and South Florida Custom Homes' Stipulation of Dismissal ( Doc. #33 ) filed on February 27, 2015. Rule 41(a)(1)(A) of the Federal Rules of Civil Procedure allows a plaintiff to dismiss a case voluntarily without a court order. Rule 41(a)(1)(A) reads, in pertinent pa
Summary: ORDER 1 SHERI POLSTER CHAPPELL , District Judge . This matter is before the Court on Plaintiff Nationwide Mutual Insurance Company and Defendants South Florida Custom Trim, Inc., South Florida Construction of Naples, Inc., and South Florida Custom Homes' Stipulation of Dismissal ( Doc. #33 ) filed on February 27, 2015. Rule 41(a)(1)(A) of the Federal Rules of Civil Procedure allows a plaintiff to dismiss a case voluntarily without a court order. Rule 41(a)(1)(A) reads, in pertinent par..
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ORDER1
SHERI POLSTER CHAPPELL, District Judge.
This matter is before the Court on Plaintiff Nationwide Mutual Insurance Company and Defendants South Florida Custom Trim, Inc., South Florida Construction of Naples, Inc., and South Florida Custom Homes' Stipulation of Dismissal (Doc. #33) filed on February 27, 2015. Rule 41(a)(1)(A) of the Federal Rules of Civil Procedure allows a plaintiff to dismiss a case voluntarily without a court order. Rule 41(a)(1)(A) reads, in pertinent part, that
[s]ubject to Rules 23(e), 23.1, 23.2 and 66 and any applicable federal statute, the plaintiff may dismiss an action without a court order by filing: (i) A notice of dismissal before the opposing party serves either an answer or a motion for summary judgment; or (ii) A stipulation of dismissal signed by all parties who have appeared.
Fed. R. Civ. P. 41(a)(1)(A).
Here, the parties stipulate to dismissing the above-captioned case, including all claims and counter-claims asserted therein, with prejudice and with each side to bear its own attorneys' fees, costs, and expenses. (Doc. #33). Both parties have signed the stipulation. (Doc. #33). Thus, the Court dismisses this case under Rule 41(a)(1)(A)(ii).
Accordingly, it is now
ORDERED:
(1) Plaintiff Nationwide Mutual Insurance Company and Defendants South Florida Custom Trim, Inc., South Florida Construction of Naples, Inc., and South Florida Custom Homes' Stipulation of Dismissal (Doc. #33) is GRANTED. The above-captioned case, including all claims and counter-claims asserted therein, are DISMISSED with prejudice.
(2) The Clerk of the Court is DIRECTED to enter judgment accordingly, terminate any pending motions and deadlines, and close the file.
DONE and ORDERED.
FootNotes
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Source: Leagle
