Hobson v. Save-A-Lot Food Stores, Ltd.

Filing 57

MEMORANDUM AND ORDER, denying 56 Consent MOTION to Dismiss Defendant Save-A-Lot Food Stores filed by Eddie Hobson. Signed by Judge J. Phil Gilbert on 2/1/2018. (jdh)

UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ILLINOIS
EDDIE HOBSON,
Plaintiff,
v.

Case No. 3:17-cv-00617-JPG-DGW

SAVE-A-LOT FOOD STORES, LTD., d/b/a/
SAVE-A-LOT STORE #412 and MORAN
FOODS, LLC.
Defendants.
MEMORANDUM & ORDER
J. PHIL GILBERT, DISTRICT JUDGE
This matter comes before the Court on plaintiff Eddie Hobson’s motion to dismiss
without prejudice. (Doc. 56.) Hobson requests that the Court dismiss defendants SuperValu, Inc.
and Save-A-Lot Stores, LTD—even though the Court dismissed SuperValu, Inc. from this case
over two months ago. (Doc. 47.) Hobson also indicates that defense counsel has consented to this
motion. She has not indicated, however, under which Federal Rule of Civil Procedure she brings
her motion.
The Court cannot grant Hobson’s request. If Hobson intended this motion to be a joint
stipulation of dismissal under Rule 41(a)(1)(A)(ii), it fails. That rule allows a plaintiff to dismiss
an action without a court order by filing “a stipulation of dismissal signed by all parties who
have appeared”. FED. R. CIV. P. 41(a)(1)(A)(ii) (emphasis added). The effect of such a stipulation
is the immediate dismissal of the case—the Court need not issue an order to effectuate the
dismissal. See, e.g., Scott v. Delbert Servs. Corp., 973 F. Supp. 2d 949 (E.D. Wis. 2013). But
here, the defendants have not signed Hobson’s motion.

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Accordingly, the Court DENIES Hobson’s motion to dismiss. (Doc. 56.) Hobson will
have an opportunity to refile, but this time she must indicate under which Federal Rule of Civil
Procedure she brings her motion and comply with the terms of that rule.
IT IS SO ORDERED.
DATED: FEBRUARY 1, 2018
s/ J. Phil Gilbert
J. PHIL GILBERT
DISTRICT JUDGE

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