Stewart v. UNUM Life Insurance Company of America

IN TWHEES UTENRITNE DDI SSTTARITCETS ODFIS ATRRKICATN CSOAUS RT EL DORADO DIVISION

TRAVIS STEWART PLAINTIFF

v. Case No. 1:20-cv-1052

UNUM LIFE INSURANCE COMPANY OF AMERICA DEFENDANT

ORDER

Before the Court is the parties’ Stipulation for Dismissal with Prejudice. ECF No. 12. The parties stipulate that this case should be dismissed with prejudice. 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). The instant stipulation of dismissal is signed by Plaintiff and Defendant. Thus, Plaintiff’s claims against Defendant were effectively dismissed when the parties filed the instant stipulation. However, this order issues for purposes of maintaining the docket. Accordingly, this case is hereby DISMISSED WITH PREJUDICE, with each side bearing their own fees and costs.

IT IS SO ORDERED, this 19th day of July, 2021. /s/ Susan O. Hickey

Susan O. Hickey

Chief United States District Judge