Filed: Apr. 29, 2015
Latest Update: Apr. 29, 2015
Summary: ORDER 1 SHERI POLSTER CHAPPELL , District Judge . This matter comes before the Court on the Plaintiff, Zeltiq Aesthetics, Inc. and the Defendant Daron Scherr, M.D. d/b/a Daron Scherr, M.D., PA's Stipulation of Final Judgment and Permanent Injunction ( Doc. #6 ) filed on April 28, 2015. Federal Rule of Civil Procedure 41(a)(1)(A), allows a plaintiff to dismiss a case without a court order. The Rule reads in pertinent part: Subject to Rules 23(e), 23.1, 23.2 and 66 and any applicable feder
Summary: ORDER 1 SHERI POLSTER CHAPPELL , District Judge . This matter comes before the Court on the Plaintiff, Zeltiq Aesthetics, Inc. and the Defendant Daron Scherr, M.D. d/b/a Daron Scherr, M.D., PA's Stipulation of Final Judgment and Permanent Injunction ( Doc. #6 ) filed on April 28, 2015. Federal Rule of Civil Procedure 41(a)(1)(A), allows a plaintiff to dismiss a case without a court order. The Rule reads in pertinent part: Subject to Rules 23(e), 23.1, 23.2 and 66 and any applicable federa..
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ORDER1
SHERI POLSTER CHAPPELL, District Judge.
This matter comes before the Court on the Plaintiff, Zeltiq Aesthetics, Inc. and the Defendant Daron Scherr, M.D. d/b/a Daron Scherr, M.D., PA's Stipulation of Final Judgment and Permanent Injunction (Doc. #6) filed on April 28, 2015. Federal Rule of Civil Procedure 41(a)(1)(A), allows a plaintiff to dismiss a case without a court order. The Rule reads in pertinent part:
Subject 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:
A notice of dismissal before the opposing party serves either an answer or a motion for summary judgment; or
A stipulation of dismissal signed by all parties who have appeared.
Fed. R. Civ. P. 41(a)(1)(A).
In this instance, the Parties inform the Court that the case has been settled and that they agree to a permanent injunction. As such, the Plaintiff voluntarily dismisses the Complaint with prejudice. The Court will enter the permanent injunction under separate cover. Although the parties request the Court to maintain jurisdiction over the matter, the Court elects not to do so.
Accordingly, it is now
ORDERED:
The Plaintiff, Zeltiq Aesthetics, Inc. and the Defendant Daron Scherr, M.D. d/b/a Daron Scherr, M.D., PA's Stipulation of Final Judgment and Permanent Injunction (Doc. #6) is GRANTED. The Case is DISMISSED with prejudice. The Clerk of the Court is directed to enter judgment accordingly, terminate any pending motions, and close the file. The Court will enter the permanent injunction under separate cover.
DONE and ORDER.
FootNotes
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