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Builder Services Group, Inc. v. Foster Insulation and Products LLC, CV418-160. (2018)

Court: District Court, S.D. Georgia Number: infdco20181114724 Visitors: 4
Filed: Oct. 30, 2018
Latest Update: Oct. 30, 2018
Summary: ORDER WILLIAM T. MOORE, JR. , District Judge . Before the Court is the parties' Stipulation of Dismissal with Prejudice. (Doc. 27.) Pursuant to Federal Rule of Civil Procedure 41(a)(1)(A)(ii), an action may be dismissed pursuant to "a stipulation of dismissal signed by all parties who have appeared." Under this rule, parties are also permitted to dismiss a defendant from an action without dismissing the entire case. Klay v. United Healthgroup, Inc. , 376 F.3d 1092 , 1106 (11th Cir. 2004)
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ORDER

Before the Court is the parties' Stipulation of Dismissal with Prejudice. (Doc. 27.) Pursuant to Federal Rule of Civil Procedure 41(a)(1)(A)(ii), an action may be dismissed pursuant to "a stipulation of dismissal signed by all parties who have appeared." Under this rule, parties are also permitted to dismiss a defendant from an action without dismissing the entire case. Klay v. United Healthgroup, Inc., 376 F.3d 1092, 1106 (11th Cir. 2004). In their motion, Plaintiff Builder Services Group Inc. and Defendant Foster Insulation and Products, LLC ("Foster") have agreed to dismiss Defendant Foster from this action.1 Because all parties who have appeared in the case have agreed, the parties' motion (Doc. 27) is GRANTED. As requested by the parties, Defendant Foster is DISMISSED WITH PREJUDICE from this action. The Clerk is DIRECTED to amend the caption accordingly.

SO ORDERED.

FootNotes


1. Defendant Richard Quarles has not yet appeared in this action. Accordingly, the parties do not need his consent to dismiss Defendant Foster.
Source:  Leagle

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