Perry v. BSC Trucking, Inc. et al

Filing 37

ORDER denying without prejudice re 36 STIPULATION of Dismissal with Prejudice. The parties are DIRECTED, within fourteen (14) days of the date of this Order, to file either a stipulation that comports with Federal Rule of Civil Procedure 41(a)(1)(A) or a motion pursuant to Rule 41(a)(2). Signed by District Judge R. Stan Baker on 11/21/22. (loh)

Case 4:22-cv-00025-RSB-CLR Document 37 Filed 11/21/22 Page 1 of 2

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF GEORGIA
SAVANNAH DIVISION

JEAN PERRY,
Plaintiff,

CIVIL ACTION NO.: 4:22-cv-025

v.
BSC TRUCKING, INC; SOUTHERN
INSURANCE COMPANY; and STANLEY E.
THOMAS,
Defendants.

ORDER
Before the Court is a “Joint Stipulation of Dismissal With Prejudice,” in which “Plaintiff
Jean Perry and Defendant [sic] BSC Trucking and Stanley E. Thomas” state that they have
“reached a confidential compromise settlement of their claims,” and “stipulate to the Dismissal of
this action with prejudice, pursuant to Fed. R. Civ. P. 41(a)(1)(ii) [sic].” (Doc. 36.) The Joint
Stipulation, however, makes no reference whatsoever to Defendant Southern Insurance Company
or Plaintiff’s claim against that entity, (see doc. 1, p. 12). (Doc. 36.) Indeed, despite the fact that
Defendants—including Southern Insurance Company—have filed an Answer, (doc. 11), the Joint
Motion does not make clear whether Defendant Southern Insurance Company stipulates, as it must,
to the dismissal of the claims against its co-Defendants, (see doc. 36). See Fed. R. Civ. P.
41(a)(1)(A). Accordingly, the Court DENIES WITHOUT PREJUDICE the “Joint Stipulation
of Dismissal With Prejudice,” (doc. 36). The parties are DIRECTED, within fourteen (14) days

Case 4:22-cv-00025-RSB-CLR Document 37 Filed 11/21/22 Page 2 of 2

of the date of this Order, to file either a stipulation that comports with Federal Rule of Civil
Procedure 41(a)(1)(A) or a motion pursuant to Rule 41(a)(2).
SO ORDERED, this 21st day of November, 2022.

R. STAN BAKER
UNITED STATES DISTRICT JUDGE
SOUTHERN DISTRICT OF GEORGIA

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