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350(Motor Vehicle) | Alabama Northern
Order
ORDER Plaintiff Richard Bramlett, as next of kin of K.B., and Defendants Hesselbein Tire Company, Inc., Hesselbein Tire Southwest, Inc., and Robert A. Daniels, filed a putative joint stipulation of dismissal pursuant to 41(a)(1) (A)(ii). (Doc. 49). However, the stipulation does not bear the signature of "all parties who have appeared." Fed. R. Civ. P. 41(a)(1)(A)(ii); see City of Jacksonville v. Jacksonville Hosp. Holdings, LP, 82 F.4th 1031, 1038 (11th Cir. 2023) ("[A] Rule 41(a)(1)(A)(ii) stipulation also requires the signature of a party that appeared but has already been removed from an action."). Accordingly, it is ineffective. However, the court may dismiss a defendant or an action by court order under Rule 41(a)(2). Here, the only parties remaining in the case have agreed to dismiss all remaining claims with prejudice. (See doc. 49). Accordingly, the court DISMISSES Defendants Hesselbein Tire Company, Inc., Hesselbein Tire Southwest, Inc., and Robert A. Daniels from this action WITH PREJUDICE, with each of the parties to bear their own fees and costs. Signed by Judge Annemarie Carney Axon on 12/1/2023. (RMM) (Entered: 12/01/2023)
Stipulation
STIPULATION of Dismissal Joint Stipulation of Dismissal with Prejudice by Richard Bramlett. filed by Richard Bramlett Associated Cases: 7:22-cv-01315-ACA, 7:22-cv-01464-ACA(Miller, Joseph) (Entered: 11/30/2023)
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