Daughetee et al v. CHR Hansen, Inc et al

Filing 398

ORDER granting 395 Stipulation of Dismissal filed by Deborah Daughetee. Although the Daughetees and CHR Hansen, Inc have labeled their filing as stipulation for dismissal, I construe the filing as a motion for voluntary dismissal. The Daughetees and CHR Hansen, Incs joint motion is granted and the Daughetees claims against CHR Hansen, Inc are dismissed with prejudice. The Daughetees and CHR Hansen, Inc shall each bear their own costs. Signed by Judge Mark W Bennett on 4/9/13. (djs)

IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF IOWA
WESTERN DIVISION

DEBORAH AND STEVEN
DAUGHETEE,
Plaintiffs,

No. C09-4100-MWB

vs.

ORDER REGARDING PLAINTIFF
AND DEFENDANT CHR. HANSEN,
INC.’S JOINT MOTION TO DISMISS

CHR. HANSEN, INC., et al.,
Defendants.

____________________
This case is before me on plaintiffs Deborah and Steven Daughetee and defendant
Chr. Hansen, Inc.’s Stipulation for Dismissal of Symrise, Inc. Only Pursuant To Rule
41(a) With Prejudice, On The Merits and Without Costs (docket no. 395). Although the
Daughetees and Chr. Hansen have labeled their filing as a stipulation for dismissal,
presumably pursuant to Rule 41(a)(1), I construe the filing as a motion for voluntary
dismissal, pursuant to Federal Rule of Civil Procedure 41(a)(2), because the filing was not
signed by all parties who have appeared in the case. See, e.g., Williams v. Clarke, 82
F.3d 270, 272 (8th Cir. 1996); Woody v. City of Duluth, 176 F.R.D. 310, 313 (D. Minn.
1997). No resistance to the motion has been filed. The Daughetees and Chr. Hansen’s
joint motion is granted and the Daughetees’ claims against Chr. Hansen are dismissed with
prejudice. The Daughetees and Chr. Hansen shall each bear their own costs.
IT IS SO ORDERED.
DATED this 9th day of April, 2013.

__________________________________
MARK W. BENNETT
U. S. DISTRICT COURT JUDGE
NORTHERN DISTRICT OF IOWA