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Clemons v. Capital One Bank (USA), N.A.

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF ALABAMA NORTHEASTERN DIVISION
Jan 14, 2020
Case No.: 5:19-CV-1264-LCB (N.D. Ala. Jan. 14, 2020)

Opinion

Case No.: 5:19-CV-1264-LCB

01-14-2020

RHONDA PRINCE CLEMONS, Plaintiff, v. 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.

/s/_________

LILES C. BURKE

UNITED STATES DISTRICT JUDGE


Summaries of

Clemons v. Capital One Bank (USA), N.A.

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF ALABAMA NORTHEASTERN DIVISION
Jan 14, 2020
Case No.: 5:19-CV-1264-LCB (N.D. Ala. Jan. 14, 2020)
Case details for

Clemons v. Capital One Bank (USA), N.A.

Case Details

Full title:RHONDA PRINCE CLEMONS, Plaintiff, v. CAPITAL ONE BANK (USA), N.A.…

Court:UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF ALABAMA NORTHEASTERN DIVISION

Date published: Jan 14, 2020

Citations

Case No.: 5:19-CV-1264-LCB (N.D. Ala. Jan. 14, 2020)