Free Order Dismissing Case - District Court of Arizona - Arizona

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Case 2:04-cv-00202-ROS Document 53 Filed 11/03/2005 Page 1 of 2

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF ARIZONA

) ) ) Plaintiff, ) ) vs. ) ) PRINCIPAL LIFE INSURANCE) COMPANY, INC., a foreign corporation,) ) ) Defendant. ) ) CHRISTA JOHNSON,

No. CV 04 0202-PHX-ROS ORDER

Pending before the court is a stipulation of dismissal submitted by Plaintiff stipulating and agreeing that the action against Principal Life Insurance Company, Inc. be dismissed. Rule 41(a)(1) of the Federal Rules of Civil Procedure provides that "an action may be dismissed by the plaintiff without an order of the court . . . by filing a "stipulation of dismissal signed by all parties who have appeared in the action." All parties have stipulated that the action against Defendant should be dismissed with prejudice, with each party to bear its own costs and attorney's fees. As a result, dismissal is merited pursuant to Rule 41(a)(1). Although a formal order of the Court is not required, the Court will enter an order to ensure that the Clerk's Office dismisses the action.

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Accordingly, IT IS ORDERED that the Plaintiff's action against Defendant Principal Life shall be DISMISSED WITH PREJUDICE by the Clerk of Court. DATED this 1st day of November, 2005.

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