Case: 16-11767 Date Filed: 04/17/2018 Page: 1 of 2
[DO NOT PUBLISH]
IN THE UNITED STATES COURT OF APPEALS
FOR THE ELEVENTH CIRCUIT
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No. 16-11767
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D.C. Docket No. 8:13-cv-03007-JSM-TBM
MALIBU MEDIA, LLC,
Plaintiff–Appellee,
versus
ROBERTO ROLDAN,
Defendant–Appellant.
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Appeal from the United States District Court
for the Middle District of Florida
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(April 17, 2018)
Before TJOFLAT, ROSENBAUM and SENTELLE, * Circuit Judges.
PER CURIAM:
*
Honorable David Bryan Sentelle, United States Circuit Judge for the District of
Columbia, sitting by designation.
Case: 16-11767 Date Filed: 04/17/2018 Page: 2 of 2
In this case, after Appellant, one of two defendants, moved the District Court
for summary judgment on Plaintiff’s copyright infringement claims, Plaintiff
“stipulated” that the Court dismiss Appellant from the case without prejudice.1
The Court, in response, entered an order dismissing Appellant without prejudice.
Appellant thereafter moved the Court pursuant to Federal Rule of Civil Procedure
59(e) to amend its order to provide that the dismissal was with prejudice. The
Court denied his motion, and Appellant appealed.
During oral argument, Plaintiff’s counsel conceded that the District Court
should have dismissed Appellant with prejudice. Given this concession, we vacate
the District Court’s order and instruct the Court to enter a judgment dismissing
Appellant from this case with prejudice.
SO ORDERED.
1
Appellant did not join in the “stipulation.”
2