Eagle Distributing of Texarkana, Inc. v. Vital Pharmaceuticals, Inc. et al

Filing 65

ORDER OF DISMISSAL WITH PREJUDICE. Signed by Honorable Susan O. Hickey on November 17, 2021. (mll)

IN THE UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF ARKANSAS
TEXARKANA DIVISION
EAGLE DISTRIBUTING OF TEXARKANA, INC.
v.

PLAINTIFF

Civil No. 4:20-cv-04097

VITAL PHARMACEUTICALS, INC.; and
PEPSICO, INC.

DEFENDANTS
ORDER

Before the Court is Plaintiff and Defendants’ Joint Stipulation of Dismissal with Prejudice.
(ECF No. 64). 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). The instant stipulation of dismissal is signed by Plaintiff and
Defendants. Thus, Plaintiff’s claims against Defendants were effectively dismissed when the
parties filed the instant stipulation. However, this order issues for purposes of maintaining the
docket. Accordingly, this case is hereby DISMISSED WITH PREJUDICE.
IT IS SO ORDERED, this 17th day of November, 2021.
/s/ Susan O. Hickey
Susan O. Hickey
Chief United States District Judge