BLASS v. J.C. PENNY CORPORATION, INC., 2:13-cv-547-FtM-38DNF. (2014)
Court: District Court, M.D. Florida
Number: infdco20140520838
Visitors: 13
Filed: May 19, 2014
Latest Update: May 19, 2014
Summary: ORDER 1 SHERIPOLSTER CHAPPELL, District Judge. This matter comes before the Court on Plaintiff Meryl L. Blass and Defendant J.C. Penny Corporation, Inc.'s Stipulation of Dismissal with Prejudice ( Doc. #41 ) filed on May 16, 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 pla
Summary: ORDER 1 SHERIPOLSTER CHAPPELL, District Judge. This matter comes before the Court on Plaintiff Meryl L. Blass and Defendant J.C. Penny Corporation, Inc.'s Stipulation of Dismissal with Prejudice ( Doc. #41 ) filed on May 16, 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 plai..
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ORDER1
SHERIPOLSTER CHAPPELL, District Judge.
This matter comes before the Court on Plaintiff Meryl L. Blass and Defendant J.C. Penny Corporation, Inc.'s Stipulation of Dismissal with Prejudice (Doc. #41) filed on May 16, 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, Plaintiff voluntarily dismisses the Complaint (Doc. #1) with prejudice under Rule 41(a)(1)(A)(ii). (Doc. #41). Plaintiff and Defendant have signed a stipulation of dismissal; therefore, the Court dismisses the case with prejudice.
Accordingly, it is now
ORDERED:
(1) Plaintiff Meryl L. Blass and Defendant J.C. Penny Corporation, Inc.'s Stipulation of Dismissal with Prejudice (Doc. #41) is GRANTED.
(2) Defendant's Renewed Motion for Summary Judgment (Doc. #37) is DENIED as moot.
(3) The Clerk of the Court is directed to enter judgment accordingly, terminate any pending motions, and close the file.
DONE and ORDERED.
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Source: Leagle
