FARRELL v. TARGET CORPORATION, 2:13-cv-579-FtM-38CM. (2014)
Court: District Court, M.D. Florida
Number: infdco20140611c43
Visitors: 4
Filed: Jun. 10, 2014
Latest Update: Jun. 10, 2014
Summary: ORDER 1 SHERI POLSTER CHAPPELL, District Judge. This matter comes before the Court on Plaintiff Barbara Ann Farrell and Defendant Target Corporation's Stipulated Dismissal With Prejudice ( Doc. #29 ) filed on June 9, 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 m
Summary: ORDER 1 SHERI POLSTER CHAPPELL, District Judge. This matter comes before the Court on Plaintiff Barbara Ann Farrell and Defendant Target Corporation's Stipulated Dismissal With Prejudice ( Doc. #29 ) filed on June 9, 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 ma..
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ORDER1
SHERI POLSTER CHAPPELL, District Judge.
This matter comes before the Court on Plaintiff Barbara Ann Farrell and Defendant Target Corporation's Stipulated Dismissal With Prejudice (Doc. #29) filed on June 9, 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, Defendant filed an Answer and Affirmative Defenses to Plaintiff's Complaint (Doc. #7) on August 16, 2013. Plaintiff, therefore, voluntarily dismisses this action pursuant to Rule 41(a)(1)(A)(ii), and both parties have signed the stipulated dismissal (Doc. #33). The Court, therefore, dismisses the case with prejudice under Rule 41(a)(1)(A)(ii).
Accordingly, it is now
ORDERED:
Plaintiff Barbara Ann Farrell and Defendant Target Corporation's Stipulated Dismissal With Prejudice (Doc. #29) is GRANTED. The Clerk of the Court is directed to enter judgment accordingly, terminate any pending motions, and close the file.
DONE and ORDERED.
FootNotes
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Source: Leagle
