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Gowler v. Discover Bank

June 10, 2009

HOWARD D. GOWLER, PLAINTIFF,
v.
DISCOVER BANK, EQUIFAX INFORMATION SERVICES, LLC, CSC CREDIT SERVICES, INC., AND EXPERIAN INFORMATION SOLUTIONS, LLC, DEFENDANTS.



The opinion of the court was delivered by: Herndon, Chief Judge

ORDER

Before the Court is a Stipulation for Dismissal (Doc. 35) in which Plaintiff seeks to voluntarily dismiss defendant Discover Bank ("Discover"). The Stipulation is signed by counsel for both Plaintiff and Discover. However, as the other Defendants have already appeared in this case, Plaintiff cannot stipulate to voluntarily dismiss a defendant without the signatures of all parties who have appeared.See FED.R.CIV. P. 41(a)(1). Therefore, the Court hereby construes this Stipulation as a Motion for Voluntary Dismissal, made pursuant to FEDERAL RULE OF CIVIL PROCEDURE 41(a)(2). In so doing, the Court hereby GRANTS the Plaintiff's Motion to Voluntarily Dismiss defendant Discover. Accordingly, Plaintiff's claims against defendant Discover in this case are hereby DISMISSED WITH PREJUDICE, each Party to bear its own costs.

IT IS SO ORDERED.

David R Herdo Chief Judge United States District Court

20090610

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