M&L Foods, Inc. v. VCG Holding Corp. et al

Filing 95

MEMORANDUM AND ORDER dismissing claims against defendants VCG HoldingCorp.; IRC, LP; Johan Van Baal, and MRC, LP with prejudice. Signed by Judge J. Phil Gilbert on 10/11/2012. (dka, )

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ILLINOIS
M & L FOODS, INC.,
Plaintiff,
vs.

Case No. 11-cv-537-JPG

VCG HOLDING CORP., RICHARD
SAGGIO, INC., IRC, LP, JOHAN VAN
BAAL, and MRC, LP,
Defendants.
MEMORANDUM AND ORDER
This matter comes before the Court on plaintiff’s voluntary dismissal with prejudice
(Doc. 84). Defendants VCG Holding Corp., IRC, LP, Johan Van Baal, and MRC, LP filed an
agreement to accept voluntary dismissal (Doc. 94). The Court construes plaintiff’s voluntary
dismissal as a stipulation of dismissal pursuant to Federal Rule of Civil Procedure
41(a)(1)(A)(ii).
Federal Rule of Civil Procedure 41(a)(1)(A)(ii) provides that “a plaintiff may dismiss an
action without a court order by filing a stipulation of dismissal signed by all parties who have
appeared.” However, “[l]iteral compliance with the stipulation requirement has not been
required where the agreement of all parties is apparent.” Boran v. United Migrant Opportunity
Servs, Inc., 99 Fed. App’x 64, 66-67 (7th Cir. 2004)(citing Golden v. Barenborg, 53 F.3d 866,
868-69, 871 (7th Cir. 1995). Every signature does not have to appear on a single document to
satisfy Rule 41(a)(1)(ii). Boran, 99 Fed. App’x at 67 (citing Eitel v. McCool, 782 F.2d 1470,
1473 (9th Cir. 1986); Oswalt v. Scripto, Inc., 616 F.2d 191, 195 (5th Cir. 1980); Pipeliners Local
Union No. 798 v. Ellerd, 503 F.2d 1193, 1999 (10th Cir. 1974)). Accordingly, plaintiff’s notice

of voluntary dismissal (Doc. 84), and defendants’ agreement to accept voluntary dismissal (Doc.
94) containing the signature of the above-mentioned defendants’ counsel satisfies Rule
41(a)(1)(A)(ii).
Thus, because plaintiff has an absolute right to dismiss this case pursuant to a stipulation
under Rule 41(a)(1)(A)(ii), the Court finds that the claims against defendants VCG Holding
Corp., IRC, LP, Johan Van Baal, and MRC, LP are DISMISSED with prejudice.

IT IS SO ORDERED.
DATED: October 11, 2012
s/ J. Phil Gilbert
J. PHIL GILBERT
DISTRICT JUDGE

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