Sherrard v. Southern Caregivers, Ltd.

United States District Court for the Western District of Arkansas

Sherrard v. Southern Caregivers, Ltd.

Trial Court Opinion

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

LENNIE SHERRARD PLAINTIFF

v. Case No. 1:22-cv-1043

SOUTHERN CAREGIVERS, LTD and BLAKE WATSON DEFENDANTS

ORDER

Before the Court is a Joint Stipulation of Dismissal with Prejudice. ECF No. 15. 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 Defendants. Thus, Plaintiff’s claims against Defendants 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 fees and costs except as otherwise agreed. The parties indicate that they settled all claims in this lawsuit. If any party desires that the terms of settlement be a part of the record, 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 and to reopen this action upon cause shown that the settlement has not been completed and further litigation is necessary. IT IS SO ORDERED, this 26th day of July, 2023. /s/ Susan O. Hickey Susan O. Hickey Chief United States District Judge

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