Ready v. Grafton Ferry Boat Company Inc

Filing 39

MEMORANDUM AND ORDER. The Court Dismisses this case with prejudice and Directs the Clerk of Court to enter judgment accordingly Signed by Judge J. Phil Gilbert on 2/5/10. (bkl)

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF ILLINOIS MARY E. READY, as Independent Administrator for the Estate of Raymond E. Ready, Deceased, Plaintiff, v. GRAFTON FERRY BOAT COMPANY, INC., an Illinois Corporation, Defendant, v. AMERICAN FAMILY INSURANCE COMPANY, Respondent. Case No. 09-cv-05-JPG

MEMORANDUM AND ORDER This matter comes before the Court on Defendant Grafton Ferry Boat Company, Inc.'s stipulation of dismissal (Doc. 37) pursuant to Federal Rule of Civil Procedure 41(a)(1)(A)(ii).1 Rule 41(a)(1)(A)(ii) allows for dismissal without a court order upon the filing of a stipulation signed by all parties who have appeared in the case. Here, all appearing parties have signed the stipulation. While the Court notes that Respondent American Family Insurance Company did not sign said stipulation, its signature is unnecessary to effectuate the stipulation's terms due to its peripheral relation to the case. See Black's Law Dictionary 1154 (8th ed. 2004) (defining "party" as "one by or against whom a

1

Grafton Ferry mislabeled its electronic submission as a "Notice of Voluntary Dismissal."

lawsuit is brought"). Accordingly, the Court DISMISSES this case with prejudice and DIRECTS the Clerk of Court to enter judgment accordingly. IT IS SO ORDERED. DATED: February 5, 2010 s/ J. Phil Gilbert J. PHIL GILBERT DISTRICT JUDGE