United States District Court, S.D. Illinois
October 21, 2005.
CLAY COUNTY REHABILITATION CENTER, Inc., an Illinois not-for-profit corporation, Plaintiff,
PINE LAWN, d/b/a PINE LAWN MANOR; SAINT SIMONS HEALTH CARE, L.L.C., d/b/a, PINE LAWN MANOR; NATIONAL ASSISTANCE BUREAU, Inc., d/b/a PINE LAWN MANOR; CHRISTOPHER BROGDON; and REGINALD STRICKLAND, Defendants.
The opinion of the court was delivered by: J. GILBERT, District Judge
This matter comes before the Court on the parties' Stipulation
For Dismissal with Prejudice (Doc. 9). Though the parties
characterize this document as "a motion for dismissal by the
parties," the Court construes this as a stipulation of dismissal
pursuant to Federal Rule of Civil Procedure 41(a)(1)(ii). This
stipulation has been signed by all the parties. Rule 41(a)(1)(ii)
allows dismissal by a plaintiff without a court order by filing
such a stipulation. The parties are free to include in their
stipulation the terms and conditions they deem necessary. The
Court notes the stipulation is with prejudice and that the
parties acknowledge any claims for reimbursement for services
rendered by plaintiff after June, 2005, are specifically reserved
and are not subject to their stipulation. The Court finds that
this action is DISMISSED with prejudice and DIRECTS the Clerk
of Court to enter judgment accordingly. IT IS SO ORDERED.
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