Giattina v. Ouachita County, Arkansas
Giattina v. Ouachita County, Arkansas
Trial Court Opinion
IN THE UNITED STATES DISTRICT COURT WESTERN DISTRICT OF ARKANSAS EL DORADO DIVISION
TIMOTHY GIATTINA, Special Administrator of the Estate of Isaiah Rucker, Sr., Deceased PLAINTIFF
v. Case No. 1:21-cv-1047
OUCHITA COUNTY, ARKANSAS; TIFFANY KINLEY, individually and in her Official capacity as Detention Supervision of Ouachita County Detention Center of Ouachita County, Arkansas; CAMERON OWENS, individually and in his capacity as Captain and Jail Administrator of Ouachita County Detention Center of Ouachita County, Arkansas; STEPHANIE HOLMES, individually and in her official capacity as Nurse at Ouachita County Detention Center of Ouachita County, Arkansas; JUALICIA O’QUINN, individually and in her official capacity as Correctional Officer at Ouachita County Detention Center of Ouachita County, Arkansas; TRISTIAN EILAND, individually and in his official capacity as Correctional Officer at Ouachita County Detention Center of Ouachita County, Arkansas; KANDI VALDEZ, individually and in her official capacity as Correctional Officer at Ouachita County Detention Center of Ouachita County, Arkansas; COLTON WILSON, individually and in his official Capacity as Correctional Officer at Ouachita County Detention Center of Ouachita County, Arkansas; DR. JOSEPH ANTHONY DELUCA, Individually and in his official capacity as Physician at Ouachita County Detention Center of Ouachita County, Arkansas DEFENDANTS
ORDER Before the Court is the parties’ Agreed Motion to Dismiss. ECF No. 22. No response is necessary, and the matter is ripe for consideration. The parties inform the Court that they have reached a settlement agreement. The parties stipulate to the dismissal of Plaintiff’s claims against Defendants with prejudice, with each side bearing his or her own costs and fees. 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). 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, Plaintiff’s claims were
effectively dismissed when the stipulation was filed. However, the instant Order issues for purposes of maintaining the docket. Therefore, to the extent that the instant stipulation (ECF No. 22) constitutes a motion, it is hereby GRANTED. Plaintiff’s claims against Defendants are DISMISSED WITH PREJUDICE, with the parties bearing his or her own costs. IT IS SO ORDERED, this 18th day of January, 2023. /s/ Susan O. Hickey Susan O. Hickey Chief United States District Judge
Reference
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