Sinclair v. Hembree and Hodgson Construction LLC

Opinion

IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF OKLAHOMA

GLENN ARTHUR SINCLAIR and ) MARILYN SINCLAIR, ) ) Plaintiffs, ) ) v. ) Case No. CIV-18-938-D ) HEMBREE & HODGSON ) CONSTRUCTION, L.L.C., ) JUBIL LEE McBLAIR, ) JSW PROPERTIES, INC., and ) CONTINENTAL TIRE THE AMERICAS, ) LLC, ) ) Defendants. )

ORDER

Before the Court is a signed stipulation by all parties for the voluntary dismissal with prejudice as to Defendant Continental Tire the Americas, LLC [Doc. No. 81]. Pursuant to FED. R. CIV. P. 41(a)(1)(A)(ii), a plaintiff may dismiss an action without a court order by filing “a stipulation of dismissal signed by all the parties who have appeared.” Further, under Rule 41(a)(1)(A)(ii), a signed stipulation by all parties acts “as a self- executing dismissal.” De Leon v. Marcos, 659 F.3d 1276, 1284 (10th Cir. 2011). Accordingly, Plaintiffs’ claims against Defendant Continental Tire the Americas, LLC, are dismissed with prejudice. IT IS SO ORDERED this 13" day of February 2020.

\ i 0 Ot TIMOTHY D. DeGIUSTI Chief United States District Judge