Clemons v. Capital One Bank (USA), N.A.
This text of Clemons v. Capital One Bank (USA), N.A. (Clemons v. Capital One Bank (USA), N.A.) is published on Counsel Stack Legal Research, covering District Court, N.D. Alabama primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF ALABAMA NORTHEASTERN DIVISION RHONDA PRINCE CLEMONS, ) ) Plaintiff, ) ) V. ) Case No.: 5:19-CV-1264-LCB ) CAPITAL ONE BANK (USA), N.A., ) ) Defendant. )
MEMORANDUM
The parties have filed a Joint Stipulation of Voluntary Dismissal with Prejudice (Doc. 15). Parties may dismiss a lawsuit voluntarily by filing a stipulation of dismissal signed by all parties who have appeared, except in suits involving class or derivative actions, unincorporated associations, and receiverships. Fed. R. Civ. P. 41(a)(1)(A)(ii). None of these exceptions apply in this case. Because the parties have filed a joint stipulation of dismissal signed by all parties who have appeared, the case was dismissed with prejudice immediately upon filing of the stipulation. Love v. Wal-Mart Stores, Inc., 865 F.3d 1322, 1325 (11th Cir. 2017) (holding that a joint stipulation of dismissal is “self-executing” and dismisses the case upon proper filing). The Clerk of Court is therefore DIRECTED to close this case. DONE and ORDERED this January 14, 2020. SKE SE LILES C. BURKE UNITED STATES DISTRICT JUDGE
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Clemons v. Capital One Bank (USA), N.A., Counsel Stack Legal Research, https://law.counselstack.com/opinion/clemons-v-capital-one-bank-usa-na-alnd-2020.