Citation Codes Equivalent Citations citation codes Docket Number Case No. 08-cv-23-JPG. Judges John Phil Gilbert See more information ... Smart Summary Please sign up to generate summary. PAULA APPLEBY, indi v. dually and on behalf of all others similarly situated, Plaintiffs, MEMORANDUM AND ORDER J. GILBERT, District Judge This matter comes before the Court on the Stipulation of Dismissal (Doc. 50) filed by Plaintiff Paula Appleby. Although this is a purported class action, a class has not yet been certified, therefore Federal Rules of Civil Procedure Rule 41 controls dismissal of the action. Because the Stipulation does not meet the requirements of Federal Rules of Civil Procedure Rule 41(a)(1)(A)(ii) in that it is not signed by all parties who have appeared in the action, the Court construes it as a Motion to Voluntarily Dismiss Defendant Sprint Nextel Corporation. The Court GRANTS the Motion (Doc. 50) and DISMISSES Defendant Sprint Nextel Corporation without prejudice. Each party will bear its own costs and fees. The Clerk of Court is DIRECTED to enter judgment accordingly at the close of the case. IT IS SO ORDERED.