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SRONCE v. LEAVITT

December 1, 2005.

DARLENE SRONCE, Plaintiff,
v.
MIKE LEAVITT, Secretary of Health and Human Services, Defendant.



The opinion of the court was delivered by: J. GILBERT, District Judge

MEMORANDUM AND ORDER

This matter comes before the Court on the "Dismissal Pursuant to Settlement" (Doc. 9) which the Court construes as a motion to dismiss pursuant Federal Rule of Civil Procedure 41(a)(2). Rule 41(a)(2) provides that only the Court may dismiss an action after an adverse party has filed an answer or motion for summary judgment and in the absence of a stipulation of dismissal of an entire case from all the parties. The Court GRANTS the motion (Doc. 9), DISMISSES this action with prejudice and DIRECTS the Clerk of Court to enter judgment accordingly.

IT IS SO ORDERED.

  JUDGMENT

  This matter having come before the Court, and the Court having granted the plaintiff's motion for voluntary dismissal,

  IT IS HEREBY ORDERED AND ADJUDGED that this case is dismissed with prejudice.

20051201

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