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

Filing 37

AMENDED ORDER re 36 Order of Dismissal. All claims against Defendants are dismissed with prejudice. Signed by Honorable Susan O. Hickey on October 2, 2014. (mll)

Download PDF
IN THE UNITED STATES DISTRICT COURT WESTERN DISTRICT OF ARKANSAS TEXARKANA DIVISION RED RIVER AGVIATION, INC. V. PLA IN TIFF CASE NO. 14-CV-4069 PROFESSIONAL AVIATION INSURANCE RECIPROCAL; RISK SERVICES, LLC; T. EDWARDS, LLC; TREVOR EDWARDS, INDIVIDUALLY; AND JOHN DOES 1-5 DEFENDANTS AMENDED ORDER The Court’s original Order (ECF No. 36) is amended to clarify the parties have stipulated that the claims against Defendant be dismissed with prejudice. The Amended Order reads as follows: 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 WITH PREJUDICE. IT IS SO ORDERED, this 2nd day of October, 2014. /s/ Susan O. Hickey Susan O. Hickey United States District Judge

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.


Why Is My Information Online?