Anderson v. Tyson Foods, Inc.

IN TWHEES UTENRITNE DDI SSTTARITCETS ODFIS ATRRKICATN CSOAUS RT TEXARKANA DIVISION

KENNETH C. ANDERSON PLAINTIFF

v. Case No. 4:21-cv-4012 TYSON FOODS, INC. DEFENDANT

ORDER Before the Court is the parties’ Stipulation for Dismissal. ECF No. 13. 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 party to bear its own costs.

IT IS SO ORDERED, this 21st day of October, 2021. /s/ Susan O. Hickey Susan O. Hickey Chief United States District Judge