Argonaut Insurance Company v. Summit Concrete, Inc.

• Court: District Court, N.D. Alabama
• Decided: October 3, 2024
• Docket: 5:22-cv-00798
• Status: Unknown

Opinion

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF ALABAMA NORTHEASTERN DIVISION ARGONAUT INSURANCE ) COMPANY, ) ) Plaintiff, ) ) v. ) Case No: 5:22-cv-00798-LCB ) SUMMIT CONCRETE, INC., et al., ) ) Defendants. )

MEMORANDUM

Before the Court are the parties’ Joint Stipulations of Dismissal (Docs. 57, 58). On March 5, 2024, Argonaut and the Meyer Defendants submitted a joint stipulation dismissing with prejudice all of Argonaut’s claims against them. (Doc. 57). On May 1, 2024, the remaining parties filed a joint stipulation dismissing without prejudice Argonaut’s claims against all remaining defendants. (Doc. 58). Parties may dismiss a lawsuit voluntarily by filing a stipulation of dismissal signed by all parties who have appeared, except in suits involving class or derivative actions, unincorporated associations, and receiverships. Fed. R. Civ. P. 41(a)(1)(A)(ii). None of those exceptions apply here. A joint stipulation of dismissal is “self-executing” upon proper filing. Love v. Wal-Mart Stores, Inc., 865 F.3d 1322, 1325 (11th Cir. 2017). Because the parties have filed a joint stipulation of dismissal signed by all remaining parties, the case

was dismissed immediately upon filing of the stipulation. Per the joint stipulation, Argonaut’s claims against the Meyer Defendants are dismissed WITH PREJUDICE, while Argonaut’s claims against all remaining defendants are dismissed WITHOUT PREJUDICE. The Clerk of Court is therefore DIRECTED to close this case. DONE and ORDERED October 3, 2024.

Ko SZ Sha LILES C. BURKE UNITED STATES DISTRICT JUDGE