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)

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