RHODES-SMITH v. MASSACHUSETTS MUTUAL LIFE INSURANCE COMPANY, 2:14-cv-145-FtM-38DNF. (2014)
Court: District Court, M.D. Florida
Number: infdco20141009a24
Visitors: 2
Filed: Oct. 02, 2014
Latest Update: Oct. 02, 2014
Summary: ORDER 1 SHERI POLSTER CHAPPELL, District Judge. This matter comes before the Court on the Plaintiff, Nadine Rhodes-Smith and the Defendant, Massachusetts Mutual Life Insurance Company's Joint Stipulation of Dismissal with Prejudice ( Doc. #33 ) filed on September 29, 2014. Federal Rule of Civil Procedure 41(a)(1)(A) , allows a plaintiff to dismiss a case without a court order. The Rule reads in pertinent part: Subject to Rules 23(e), 23.1, 23.2 and 66 and any applicable federal statute, th
Summary: ORDER 1 SHERI POLSTER CHAPPELL, District Judge. This matter comes before the Court on the Plaintiff, Nadine Rhodes-Smith and the Defendant, Massachusetts Mutual Life Insurance Company's Joint Stipulation of Dismissal with Prejudice ( Doc. #33 ) filed on September 29, 2014. Federal Rule of Civil Procedure 41(a)(1)(A) , allows a plaintiff to dismiss a case without a court order. The Rule reads in pertinent part: Subject to Rules 23(e), 23.1, 23.2 and 66 and any applicable federal statute, the..
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ORDER1
SHERI POLSTER CHAPPELL, District Judge.
This matter comes before the Court on the Plaintiff, Nadine Rhodes-Smith and the Defendant, Massachusetts Mutual Life Insurance Company's Joint Stipulation of Dismissal with Prejudice (Doc. #33) filed on September 29, 2014. Federal Rule of Civil Procedure 41(a)(1)(A), allows a plaintiff to dismiss a case without a court order. The Rule reads in pertinent part:
Subject 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, the Plaintiff informs the Court that the case has settled and she voluntarily dismisses the Complaint with prejudice. No answer or summary judgment has been filed, therefore; the case is due to be dismissed with prejudice. Each party to bear their own fees and costs.
Accordingly, it is now
ORDERED:
The Plaintiff, Nadine Rhodes-Smith and the Defendant, Massachusetts Mutual Life Insurance Company's Joint Stipulation of Dismissal with Prejudice (Doc. #33) is GRANTED. The case is hereby DISMISSED with prejudice and each party will bear their own fees and costs. The Clerk of the Court is hereby directed to enter judgment accordingly, terminate any pending motions, and close the file.
DONE and ORDERED.
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Source: Leagle
