Simmons v. City of Columbus

Opinion

SOUTHEAERSTNE DRINST DRIIVCITSI OOFN OHIO

SIERRA SIMMONS,

Plaintiff, Case No. 2:24-cv-1550 v. JUDGE EDMUND A. SARGUS, JR. Magistrate Judge Chelsey M. Vascura CITY OF COLUMBUS, et al.,

Defendants.

ORDER This matter is before the Court on the Joint Motion to Dismiss with Prejudice. (ECF No. 34.) In that Motion, the parties indicate that they reached a Settlement Agreement and Release of Claims, which they attach to the Joint Motion. (ECF No. 34-1.) The parties move for dismissal under Rule 41(a)(1)(A)(ii), which allows a plaintiff to dismiss an action without a court order by filing a stipulation of dismissal signed by all parties who have appeared. Fed. R. Civ. P. 41(a)(1)(A)(ii). Generally, stipulations under Rule 41(a)(1)(A) are self-executing and do not require judicial approval. Exact Software N. Am., Inc. v. DeMoisey, 718 F.3d 535, 540 (6th Cir. 2013) (citation omitted). Although captioned as a “Motion,” the Court construes the parties Joint Motion as a stipulation of dismissal under Rule 41(a)(1)(A)(ii) of the Federal Rules of Civil Procedure. The stipulation is properly signed by all parties and thus is self-executing. Since a stipulation does not require a Court order to dismiss the case, the Clerk is DIRECTED to dismiss this case and terminate the case, and the Joint Motion (ECF No. 34), from the Court’s docket. IT IS SO ORDERED. 7/8/2025 s/Edmund A. Sargus, Jr. DATE EDMUND A. SARGUS, JR. UNITED STATES DISTRICT JUDGE