Stults et al v. International Flavors and Fragrances, Inc et al---SEE #274 AND #285 ORDERS AND #4, #111, #112, #124, #128, #289 DISMISSALS WHEN FINAL JUDGMENT ENTERED;

Filing 125

ORDER granting 122 Stipulation of Dismissal filed by American Pop Corn Company, David Stults, Barbara Stults. Although the Stults and American Popcorn have labeled their filing as stipulation for dismissal, I construe the filing as a motion for v oluntary dismissal. The Stults and American Popcorns joint motion is granted and the Stults claims against American Popcorn are dismissed with prejudice. The Stults and American Popcorn 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

DAVID AND BARBARA STULTS,
Plaintiff,

No. C11-4077-MWB

vs.
AMERICAN POPCORN CO., et al.,
Defendants.

ORDER REGARDING PLAINTIFF
AND DEFENDANT AMERICAN
POPCORN COMPANY’S JOINT
MOTION TO DISMISS

____________________
This case is before me on plaintiffs David and Barbara Stults and defendant
American Popcorn Co.’s Stipulation for Dismissal, With Prejudice As To American
Popcorn Company (docket no. 122). Although the Stults and American Popcorn 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 Stults and American Popcorn’s joint motion is granted and the Stults’ claims
against American Popcorn are dismissed with prejudice. The Stults and American Popcorn
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