United Financial Casualty Company v. Avant Trucking, LLC

United States District Court for the Western District of Arkansas

United Financial Casualty Company v. Avant Trucking, LLC

Trial Court Opinion

IN THE UNITED STATES DISTRICT COURT WESTERN DISTRICT OF ARKANSAS EL DORADO DIVISION

UNITED FINANCIAL CASUALTY COMPANY PLAINTIFF

v. Case No. 1:22-cv-1065

AVANT TRUCKING, LLC, et al. DEFENDANTS

ORDER

Before the Court is Plaintiff’s Stipulation of Dismissal. ECF No. 19. Plaintiff seeks to voluntarily dismiss this matter without prejudice, with all parties bearings its own costs and fees. The instant stipulation is signed by all parties who have entered an appearance. 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, all claims 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 WITHOUT PREJUDICE. Each party will bear its own costs and fees. IT IS SO ORDERED, this 26th day of January, 2023.

/s/ Susan O. Hickey Susan O. Hickey Chief United States District Judge

Reference

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