Red River Agviation, Inc. v. Professional Aviation Insurance Reciprocal et al

Filing 36

ORDER finding as moot 32 Motion to Intervene; finding as moot 15 Motion to Dismiss Party; finding as moot 19 Motion to Dismiss Party; ORDER OF DISMISSAL WITHOUT PREJUDICE. Signed by Honorable Susan O. Hickey on October 2, 2014. (mll)

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IN THE UNITED STATES DISTRICT COURT WESTERN DISTRICT OF ARKANSAS TEXARKANA DIVISION RED RIVER AGVIATION, INC. V. PLAINTIFF CASE NO. 14-CV-4069 PROFESSIONAL AVIATION INSURANCE RECIPROCAL; RISK SERVICES, LLC; T. EDWARDS, LLC; TREVOR EDWARDS, INDIVIDUALLY; AND JOHN DOES 1-5 DEFENDANTS ORDER Before the Court is a Stipulation of Voluntary Dismissal. (ECF No. 31.) The stipulation was filed pursuant to Fed. R. Civ. P. 41(a)(1)(A)(ii) and signed by all parties. Federal Rule of Civil Procedure 41(a)(1)(A)(ii) states that a plaintiff may voluntarily dismiss an action “without a court order by filing a stipulation of dismissal signed by all parties who have appeared.” Fed. R. Civ. P. 41(a)(1)(A)(ii). “Caselaw . . . 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., Inc., 747 F.2d 1180, 1189 (8th Cir. 1984). Here, the stipulation of dismissal, which was effective when filed on August 20, 2014, divested the Court of jurisdiction over this matter. The pending motions in this case are moot. See Marex Titanic, Inc. v. Wrecked & Abandoned Vessel, 2 F.3d 544, 547-48 (4th Cir. 1993) (holding that after the plaintiff voluntarily dismissed its action, “the district court had no discretion to allow [a nonparty] to intervene in the defunct action”). Accordingly, all claims against Defendants are hereby DISMISSED WITHOUT PREJUDICE. IT IS SO ORDERED, this 2nd day of October, 2014. /s/ Susan O. Hickey Susan O. Hickey United States District Judge

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