Linley et al v. Kholor et al

Filing 18

ORDER OF DISMISSAL WITHOUT PREJUDICE. Signed by Honorable Susan O. Hickey on April 26, 2021. (mll)

IN THE UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF ARKANSAS
EL DORADO DIVISION
MARK LINLEY and
KATHY LINLEY
v.

PLAINTIFFS
Case No. 1:20-cv-1018

AZIMDZHON KHOLOR and
ANNETT HOLDINGS, INC. d/b/a TMC

DEFENDANTS
ORDER

Before the Court is the parties’ Stipulation of Dismissal without Prejudice. (ECF No. 17).
The Court finds the matter ripe for consideration.
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, Plaintiffs’ claims against Defendants were effectively dismissed when the parties
filed the instant stipulation. However, this order issues for the purpose of maintaining the Court’s
docket. Accordingly, Plaintiffs’ claims against Defendants are hereby DISMISSED WITHOUT
PREJUDICE.
IT IS SO ORDERED, this 26th day of April, 2021.
/s/ Susan O. Hickey
Susan O. Hickey
Chief United States District Judge