Red River Agviation, Inc. v. Professional Aviation Insurance Reciprocal et al
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)
IN THE UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF ARKANSAS
RED RIVER AGVIATION, INC.
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
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
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