Arcadia Development LLC v. Winn-Dixie Stores, Inc., 2:17-cv-552-FtM-38MRM. (2018)
Court: District Court, M.D. Florida
Number: infdco20180328b07
Visitors: 2
Filed: Mar. 26, 2018
Latest Update: Mar. 26, 2018
Summary: ORDER 1 SHERI POLSTER CHAPPELL , District Judge . This matter comes before the Court on Plaintiff Arcadia Development LLC and Defendants Winn-Dixie Stores, Inc. and Winn-Dixie Stores Leasing, LLC's Stipulation of Dismissal with Prejudice. (Doc. 43). As the parties have settled this case, they stipulate to dismissing all claims in this action with prejudice and with each side to bear its own fees and costs. The parties also request the Court retain jurisdiction over this matter in order to
Summary: ORDER 1 SHERI POLSTER CHAPPELL , District Judge . This matter comes before the Court on Plaintiff Arcadia Development LLC and Defendants Winn-Dixie Stores, Inc. and Winn-Dixie Stores Leasing, LLC's Stipulation of Dismissal with Prejudice. (Doc. 43). As the parties have settled this case, they stipulate to dismissing all claims in this action with prejudice and with each side to bear its own fees and costs. The parties also request the Court retain jurisdiction over this matter in order to ..
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ORDER1
SHERI POLSTER CHAPPELL, District Judge.
This matter comes before the Court on Plaintiff Arcadia Development LLC and Defendants Winn-Dixie Stores, Inc. and Winn-Dixie Stores Leasing, LLC's Stipulation of Dismissal with Prejudice. (Doc. 43). As the parties have settled this case, they stipulate to dismissing all claims in this action with prejudice and with each side to bear its own fees and costs. The parties also request the Court retain jurisdiction over this matter in order to enforce the terms of the settlement agreement.
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). In compliance with Rule 41(a), the Court dismisses this case with prejudice. The Court, however, declines to retain jurisdiction as requested.
Accordingly, it is now
ORDERED:
Plaintiff Arcadia Development LLC and Defendants Winn-Dixie Stores, Inc. and Winn-Dixie Stores Leasing, LLC's Stipulation of Dismissal with Prejudice (Doc. 43) is GRANTED in part and DENIED in part.
(1) The above-captioned case is DISMISSED with prejudice, and the Court declines to retain jurisdiction over this case in order to enforce the parties' settlement agreement.
(2) The Clerk of Court is DIRECTED to enter judgment accordingly, terminate all pending motions and deadlines, and close the file.
DONE and ORDERD.
FootNotes
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Source: Leagle
