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Bernstein Polsky
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Order | Filed: July 20, 2023 | Entered: July 20, 2023 Derstila et al v. Garrison Property and Casualty Insurance Company
Insurance | Florida Middle
Order
TEXT ORDER striking 14 Notice of Voluntary Dismissal with Prejudice. Federal Rule of Civil Procedure 41 provides that a plaintiff may dismiss an action without a court order by filing "a notice of dismissal before the opposing party serves either an answer or a motion for summary judgment." Fed. R. Civ. P. 41(a)(1)(A)(i). Because an answer has been filed (see Doc. 11), a voluntary dismissal without court order may only be effected via "a stipulation of dismissal signed by all parties who have appeared." Fed. R. Civ. P. 41(a)(1)(A)(ii). Moreover, pursuant to the Court's prior Order (Doc. 13) this action is dismissed with prejudice. Accordingly, the Clerk of Court is DIRECTED to (1) strike Plaintiffs' Notice (Doc. 14) and add a notation to the docket text stating that the document was stricken by this Order and (2) close the case. Signed by Judge John L. Badalamenti on 7/20/2023. (WJF)
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Notice | Filed: July 13, 2023 | Entered: July 13, 2023 Derstila et al v. Garrison Property and Casualty Insurance Company
Insurance | Florida Middle
Notice of voluntary dismissal
NOTICE of voluntary dismissal by Briken Derstila, Dominque Derstila (Bernstein, John)
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Order | Filed: June 12, 2023 | Entered: June 12, 2023 Derstila et al v. Garrison Property and Casualty Insurance Company
Insurance | Florida Middle
Order
TEXT ORDER dismissing this action without prejudice per the Joint Notice of Settlement. (Doc. 12). If no party files another paper per Local Rule 3.09(b) on or before 7/12/2023, then this action will be dismissed with prejudice and without further order. The Clerk of Court is now DIRECTED to deny all pending motions as moot, terminate any deadlines, and administratively close the case. Signed by Judge John L. Badalamenti on 6/12/2023. (WJF)
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