White v. Fitzpatrick et al

Filing 56

MEMORANDUM AND ORDER, The Court finds that the Stipulation of Dismissal FAILS to meet the voluntary dismissal requirements of Federal Rule of Civil Procedure 41(a)(1)(A)(ii). Jay Staser remains as a defendant in this case at this time. Signed by Judge J. Phil Gilbert on 11/20/2017. (jdh)

UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ILLINOIS
CORALYNN E. WHITE,
Plaintiff,
v.

Case No. 3:17-cv-00087-JPG-RJD

JOSEPH JAMES FITZPATRICK, et al.,
Defendants.
MEMORANDUM & ORDER
J. PHIL GILBERT, DISTRICT JUDGE
This matter comes before the Court on the Stipulation of Dismissal (Doc. 54) pursuant to
Federal Rule of Civil Procedure 41(a)(1)(A)(ii). That rule allows dismissal of an action without a
court order if the notice of dismissal is signed by all parties who have appeared in the case. But
here, the only parties that have signed the stipulation are the plaintiff and defendant Jay Staser.
There is no indication that defendants Joseph James Fitzpatrick, Amber Fitzpatrick, Thomas
Wuest, Mark Berndsen, and the City of Breese, Illinois—all parties that have appeared in this
case—have signed and consented to the stipulation. Accordingly, the Court finds that the
Stipulation of Dismissal FAILS to meet the voluntary dismissal requirements of Federal Rule of
Civil Procedure 41(a)(1)(A)(ii). Jay Staser remains as a defendant in this case at this time.
IT IS SO ORDERED.
DATED: NOVEMBER 20, 2017
s/ J. Phil Gilbert
J. PHIL GILBERT
DISTRICT JUDGE