Dill v. FCA US LLC

IN THE UNITED STATES DISTRICT COURT

WESTERN DISTRICT OF ARKANSAS

TEXARKANA DIVISION

JOE DILL AND KIM DILL, As

Co-Administrators of the Estate of Jenee Dill, Deceased and on

Behalf of the Wrongful Death

Beneficiaries of Jenee Dill PLAINTIFFS v. Case No. 4:20-cv-4036

FCA US LLC, a Delaware Limited

Liability Company DEFENDANT ORDER

Before the Court is the parties’ Stipulation of Dismissal. ECF No. 31. The parties ask the Court to dismiss this case 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). Thus, Plaintiffs’ claims against Defendant were effectively dismissed when the parties filed the instant stipulation. However, this order issues for the purpose of maintaining the Court’s docket. This case is hereby DISMISSED WITH PREJUDICE, with each side bearing its own fees and costs. If any party desires that the terms of any settlement be a part of the record therein, those terms should be reduced to writing and filed with the Court within thirty (30) days of the entry of this judgment. The Court retains jurisdiction to vacate this order upon cause shown that any settlement between the parties has not been completed and further litigation is necessary.

IT IS SO ORDERED, this 29th day of July, 2021. /s/ Susan O. Hickey

Susan O. Hickey

Chief United States District Judge