Filed: Aug. 19, 2014
Latest Update: Aug. 19, 2014
Summary: ORDER 1 SHERIPOLSTER CHAPPELL, District Judge. This matter comes before the Court on Plaintiff Federal Deposit Insurance Corporation and Defendants Nason Yeager Gerson White & Lioce, P.A., Alan I. Armour II, and Ryan P. Aiello's Stipulation of Dismissal With Prejudice ( Doc. #133 ) filed on August 18, 2014. 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]ub
Summary: ORDER 1 SHERIPOLSTER CHAPPELL, District Judge. This matter comes before the Court on Plaintiff Federal Deposit Insurance Corporation and Defendants Nason Yeager Gerson White & Lioce, P.A., Alan I. Armour II, and Ryan P. Aiello's Stipulation of Dismissal With Prejudice ( Doc. #133 ) filed on August 18, 2014. 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]ubj..
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ORDER1
SHERIPOLSTER CHAPPELL, District Judge.
This matter comes before the Court on Plaintiff Federal Deposit Insurance Corporation and Defendants Nason Yeager Gerson White & Lioce, P.A., Alan I. Armour II, and Ryan P. Aiello's Stipulation of Dismissal With Prejudice (Doc. #133) filed on August 18, 2014. 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).
In this instance, the parties agree to dismiss this case with prejudice under Rule 41(a)(1)(A)(ii) and bear their own attorneys' fees and costs. (Doc. #133 at ¶¶ 1, 4). All Defendants have answered in this action and agree to the dismissal. (Doc. #133 at ¶ 2). The Court, therefore, dismisses this case with prejudice under Rule 41(a)(1)(A)(ii).
Accordingly, it is now
ORDERED:
Plaintiff Federal Deposit Insurance Corporation, as receiver for Orion Bank of Naples, Florida, and Defendants Nason Yeager Gerson White & Lioce, P.A., Alan I. Armour II, and Ryan P. Aiello's Stipulation of Dismissal With Prejudice (Doc. #133) is GRANTED. The Clerk of Court is directed to enter judgment accordingly, terminate any pending motions and deadlines, and close the file.
