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)

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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

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