Southern Farm Bureau Casualty Insurance Company v. Davis, Jr.

Opinion

WESTERN DISTRICT OF ARKANSAS TEXARKANA DIVISION

SOUTHERN FARM BUREAU CASUALTY INSURANCE COMPANY PLAINTIFF

v. Case No. 4:18-cv-4157

CHARLES DAVIS, JR. a/k/a CHUCK DAVIS; DAVIS PECANS, LLC; CHUCK DAVIS FARMS, LLC; and MUD CREEK LAND COMPANY, LLC DEFENDANTS

ORDER Before the Court is the parties’ Joint Stipulation of Voluntary Dismissal Without Prejudice. (ECF No. 34). The Court finds that no response is necessary and that the matter is ripe for consideration. On January 17, 2020, 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. 34) is hereby GRANTED. This case is DISMISSED WITHOUT PREJUDICE. The parties shall bear their own fees and costs. IT IS SO ORDERED, this 17th day of January, 2020. /s/ Susan O. Hickey Susan O. Hickey Chief United States District Judge