Cameron v. Vescom Corporation et al

Filing 13

ORDER re 12 Stipulation of Dismissal filed by Harold Cameron, separate defendant, Healthplans, Inc. dismissed without prejudice. Signed by Honorable Susan O. Hickey on June 14, 2017. (cnn)

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IN THE UNITED STATES DISTRICT COURT WESTERN DISTRICT OF ARKANSAS EL DORADO DIVISION HAROLD CAMERON v. PLAINTIFF Case No. 1:16-cv-1098 VESCOM CORPORATION and HEALTHPLANS, INC. DEFENDANTS ORDER Before the Court is Plaintiff Harold Cameron’s Stipulation of Dismissal. (ECF No. 12). Plaintiff requests that all of his claims against Defendant HealthPlans, Inc. (“HealthPlans”) 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.” The instant stipulation of dismissal is signed by all parties who have appeared in this matter. 1 Accordingly, all of Plaintiff’s claims against HealthPlans are hereby DISMISSED WITHOUT PREJUDICE. Plaintiff’s claims against Vescom remain in this case. IT IS SO ORDERED, this 14th day of June, 2017. /s/ Susan O. Hickey Susan O. Hickey United States District Judge 1 Although Defendant Vescom Corporation (“Vescom”) did not sign the stipulation of dismissal, this does not preclude dismissal of Plaintiff’s claims against HealthPlans due to the fact that Vescom has not retained counsel, filed any documents, or otherwise appeared in this matter. See United States v. Altman, 750 F.2d 684, 695 (8th Cir. 1984) (“[Rule 41] permits the dismissal of an action upon the signing of a stipulation by all parties who have appeared in the case.”).

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