Independent Living Center Building Co. v. Renew Maintenance & Construction, Inc., 16-430-TM-MU. (2018)
Court: District Court, S.D. Alabama
Number: infdco20181015737
Visitors: 23
Filed: Oct. 12, 2018
Latest Update: Oct. 12, 2018
Summary: ORDER TERRY F. MOORER , District Judge . This cause is before the Court on the Joint Stipulation of Dismissal with Prejudice as Between Renew Maintenance and Construction, Inc. and Independent Living Center Building Co., Inc. (Doc. 122). 1 The Rules of Civil Procedure permit a plaintiff to voluntarily dismiss the action without an order of the court "by filing a notice of dismissal before the opposing party serves either an answer or a motion for summary judgment" or "a stipulation sign
Summary: ORDER TERRY F. MOORER , District Judge . This cause is before the Court on the Joint Stipulation of Dismissal with Prejudice as Between Renew Maintenance and Construction, Inc. and Independent Living Center Building Co., Inc. (Doc. 122). 1 The Rules of Civil Procedure permit a plaintiff to voluntarily dismiss the action without an order of the court "by filing a notice of dismissal before the opposing party serves either an answer or a motion for summary judgment" or "a stipulation signe..
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ORDER
TERRY F. MOORER, District Judge.
This cause is before the Court on the Joint Stipulation of Dismissal with Prejudice as Between Renew Maintenance and Construction, Inc. and Independent Living Center Building Co., Inc. (Doc. 122).1 The Rules of Civil Procedure permit a plaintiff to voluntarily dismiss the action without an order of the court "by filing a notice of dismissal before the opposing party serves either an answer or a motion for summary judgment" or "a stipulation signed by all parties who have appeared." FED. R. CIV. P. 41(a)(1)(A). The joint stipulation is signed by both sides. Consequently, by operation of Rule 41, this action has been dismissed in accordance with the joint notice. Therefore, this case is dismissed with prejudice with each party to bear their own attorneys' fees and costs.
There being no further claims pending, the pretrial conference scheduled for October 18, 2018 and trial scheduled for the November 2018 term are CANCELLED and the Clerk of the Court is DIRECTED to close this case.
DONE and ORDERED.
FootNotes
1. The claims of Developer Surety and Indemnity Company and Independent Living Center Building Co., Inc. were dismissed on stipulation (Doc. 91) by Order entered on February 9, 2018 (Doc. 103).
Source: Leagle
