Southern Farm Bureau Casualty Insurance Company v. Anderson Trust

United States District Court for the Western District of Arkansas

Southern Farm Bureau Casualty Insurance Company v. Anderson Trust

Trial Court Opinion

WESTERN DISTRICT OF ARKANSAS TEXARKANA DIVISION

SOUTHERN FARM BUREAU CASUALTY INSURANCE COMPANY PLAINTIFF

v. Case No. 4:19-cv-4038

BETTYE HARBISON ANDERSON TRUST; BETTY JO HARBISON, Successor Trustee of Bettye Harbison Anderson Revocable Trust; WSJ FARMS PARTNERSHIP; and WSJ PROPERTIES, LLC DEFENDANTS

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, this 23rd day of August, 2019. /s/ Susan O. Hickey

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