Smith v. Hsbc Yahama Music, et al., No. 1:2014cv00525 - Document 18 (S.D.W. Va. 2014)

Court Description: MEMORANDUM OPINION AND ORDER re: 15 Joint Stipulation for Partial Voluntary Dismissal With Prejudice: The court ORDERS this action dismissed with prejudice as to defendant NCO Financial System, Inc. with each party bearing its own costs and attorne y's fees. Plaintiff will continue to maintain this action against the remaining defendants. Terminated defendant NCO Financial System, Inc. Signed by Senior Judge David A. Faber on 2/6/2014. (certified cc: Plaintiff, Pro Se; counsel of record and any unrepresented party) (arb)

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IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF WEST VIRGINIA AT BLUEFIELD TAVIUS L. SMITH Plaintiff v. Civil Action No: 1:14-00525 HSBC YAMAHA MUSIC, et al., Defendants MEMORANDUM OPINION AND ORDER Pending before the court is a joint stipulation for partial voluntary dismissal with prejudice (Doc. No. 15), as to defendant NCO Financial Systems, Inc. ( NCO ). The court finds that this pleading constitutes a stipulation of dismissal signed by all parties who have appeared pursuant to Rule 41(a)(1)(A)(ii) of the Federal Rules of Civil Procedure. This court s endorsement is therefore not required by the Federal Rules. See Camacho v. Mancuso, 53 F.3d 48, 51 (4th Cir. 1995) (recognizing that a stipulated dismissal under Rule 41(a)(1)(ii) does not require the entry of an order by the court). However, as plaintiff and NCO have requested a court order, the court ORDERS this action dismissed with prejudice as to defendant NCO pursuant to Rule 41(a)(1). and attorney s fees. Each party shall bear its own costs Plaintiff will continue to maintain this action against the remaining defendants. The Clerk is directed to forward a copy of this Memorandum Opinion and Order to all counsel of record. IT IS SO ORDERED on this 6th day of February, 2014. ENTER: David A. Faber Senior United States District Judge

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