Cook v. Comenity Bank, 2:18-cv-00318-TFM-B. (2018)
Court: District Court, S.D. Alabama
Number: infdco20181211684
Visitors: 13
Filed: Dec. 10, 2018
Latest Update: Dec. 10, 2018
Summary: ORDER TERRY F. MOORER , District Judge . Pending before the court is a Joint Stipulation of Dismissal (Doc. 20, filed 12/4/18). 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.
Summary: ORDER TERRY F. MOORER , District Judge . Pending before the court is a Joint Stipulation of Dismissal (Doc. 20, filed 12/4/18). 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. ..
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ORDER
TERRY F. MOORER, District Judge.
Pending before the court is a Joint Stipulation of Dismissal (Doc. 20, filed 12/4/18). 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.1 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.
The Clerk of the Court is DIRECTED to close this case.
DONE and ORDERED.
FootNotes
1. Defendant Comenity Bank has filed a Notice of Endorsement (Doc. 21, filed 12/4/18) certifying counsel's typed signature on the Joint Stipulation of Dismissal filed by Plaintiff.
Source: Leagle
