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Southern Farm Bureau Casualty Insurance Company v. Bettye Harbison Anderson Trust, 4:19-cv-4038. (2019)

Court: District Court, W.D. Arkansas Number: infdco20190826640 Visitors: 33
Filed: Aug. 23, 2019
Latest Update: Aug. 23, 2019
Summary: ORDER SUSAN O. HICKEY , Chief District Judge . Before the Court is the parties' Joint Stipulation of Voluntary Dismissal Without Prejudice. (ECF No. 18). The Court finds that no response is necessary and that the matter is ripe for consideration. On August 23, 2019, the parties filed the instant stipulation of dismissal. The parties stipulate to the dismissal of this case without prejudice, with each party bearing its own fees and costs. An action may be dismissed by "a stipulation of di
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ORDER

Before the Court is the parties' Joint Stipulation of Voluntary Dismissal Without Prejudice. (ECF No. 18). The Court finds that no response is necessary and that the matter is ripe for consideration.

On August 23, 2019, the parties filed the instant stipulation of dismissal. The parties stipulate to the dismissal of this case without prejudice, with each party bearing its own fees and costs.

An action may be dismissed by "a stipulation of dismissal signed by all parties who have appeared." Fed. R. Civ. P. 41(a)(1)(A)(ii). "Caselaw concerning stipulated dismissals under Rule 41(a)(1)(A)(ii) is clear that the entry of such a stipulation of dismissal is effective automatically and does not require judicial approval." Gardiner v. A.H. Robins Co., 747 F.2d 1180, 1189 (8th Cir. 1984). Thus, this case was effectively dismissed when the parties filed the instant stipulation. However, for purposes of maintaining the Court's docket, the Court nonetheless issues this order.

The instant stipulation of dismissal is signed by all parties who have appeared. Thus, the Court finds that the stipulation of dismissal (ECF No. 18) should be and hereby is GRANTED. This case is DISMISSED WITHOUT PREJUDICE. The parties shall bear their own fees and costs.

IT IS SO ORDERED.

Source:  Leagle

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