Hampton v. Tussey
Hampton v. Tussey
Trial Court Opinion
IN THE UNITED STATES DISTRICT COURT WESTERN DISTRICT OF ARKANSAS TEXARKANA DIVISION
BRYAN HAMPTON, Individually and on Behalf of All Others Similarly Situated PLAINTIFF
v. Case No. 4:22-cv-4002
TERRY TUSSEY, JR. DEFENDANT
ORDER
Before the Court is a Joint Stipulation of Voluntary Dismissal Without Prejudice ECF No. 10. The parties stipulate that this case should be dismissed without prejudice pursuant to Federal Rule of Civil Procedure 41(a)(1)(A)(ii). 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 WITHOUT PREJUDICE, with each party to bear its own fees and costs. IT IS SO ORDERED, this 17th day of October, 2022. /s/ Susan O. Hickey Susan O. Hickey Chief United States District Judge
Reference
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