France v. State Farm Fire and Casualty Company

Filing 22

ORDER OF DISMISSAL. Parties settled, case is dismissed with prejudice pursuant to terms of settlement agreement. Signed by Honorable Susan O. Hickey on January 8, 2021. (mll)

IN THE UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF ARKANSAS
EL DORADO DIVISION
LEROY FRANCE
v.

PLAINTIFF
Case No. 1:19-cv-1019

STATE FARM FIRE AND
CASUALTY COMPANY

DEFENDANT
ORDER

Before the Court is the parties’ Stipulation of Dismissal with Prejudice. (ECF No. 21). The
Court finds that the matter is ripe for consideration. The parties indicate that they have settled all
disputes between them. They ask the Court to dismiss this case 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). Thus, Plaintiff’s claims against Defendant were effectively dismissed when the parties
filed the instant stipulation. However, this order issues for the purpose of maintaining the Court’s
docket.
Plaintiff’s claims against Defendant are hereby DISMISSED WITH PREJUDICE. If any
party desires that the terms of settlement be a part of the record therein, 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 upon cause shown that the settlement has not
been completed and further litigation is necessary.
IT IS SO ORDERED, this 8th day of January, 2021.
/s/ Susan O. Hickey
Susan O. Hickey
Chief United States District Judge