SAMUEL v. JOHNSON, 3:12cv218/RV/EMT. (2014)
Court: District Court, N.D. Florida
Number: infdco20140410994
Visitors: 23
Filed: Mar. 10, 2014
Latest Update: Mar. 10, 2014
Summary: REPORT AND RECOMMENDATION ELIZABETH M. TIMOTHY, Magistrate Judge. This matter is before the court on the parties' "Joint Motion for Dismissal with Prejudice" (doc. 84). The parties advise that they "have amicably settled this case, the settlement terms and conditions were satisfied, and no controversy exists. Accordingly, the parties jointly agree that this case should be dismissed with prejudice...." ( id. at 1). Rule 41(a)(1)(A)(ii) of the Federal Rules of Civil Procedure provides that an
Summary: REPORT AND RECOMMENDATION ELIZABETH M. TIMOTHY, Magistrate Judge. This matter is before the court on the parties' "Joint Motion for Dismissal with Prejudice" (doc. 84). The parties advise that they "have amicably settled this case, the settlement terms and conditions were satisfied, and no controversy exists. Accordingly, the parties jointly agree that this case should be dismissed with prejudice...." ( id. at 1). Rule 41(a)(1)(A)(ii) of the Federal Rules of Civil Procedure provides that an ..
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REPORT AND RECOMMENDATION
ELIZABETH M. TIMOTHY, Magistrate Judge.
This matter is before the court on the parties' "Joint Motion for Dismissal with Prejudice" (doc. 84). The parties advise that they "have amicably settled this case, the settlement terms and conditions were satisfied, and no controversy exists. Accordingly, the parties jointly agree that this case should be dismissed with prejudice...." (id. at 1).
Rule 41(a)(1)(A)(ii) of the Federal Rules of Civil Procedure provides that an action may be dismissed without an order of the court by filing a stipulation of dismissal signed by all parties who have appeared in the action. Unless otherwise stated, the dismissal is without prejudice. See Fed. R. Civ. P. 41(a)(1)(A)(ii). Here, the "Joint Motion for Dismissal with Prejudice" is signed by Plaintiff and counsel for both Defendants. Thus the parties should be entitled to dismissal of this action with prejudice under Rule 41(a)(1)(A)(ii).
Accordingly, it is respectfully RECOMMENDED:
That the parties' "Joint Motion for Dismissal With Prejudice" (doc. 84) be GRANTED and this action be DISMISSED with prejudice.
Source: Leagle
