Hyche et al v. Safeco Insurance Company of Illinois

Filing 64

ORDER denying as moot 63 Motion to Dismiss. Signed by District Judge Debra M. Brown on 10/26/18. (tab)

IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF MISSISSIPPI
OXFORD DIVISION
TAMMY HYCHE and
HOWARD HYCHE

PLAINTIFFS

V.

NO. 3:17-CV-229-DMB-RP

SAFECO INSURANCE COMPANY
OF ILLINOIS

DEFENDANT
ORDER

On October 22, 2018, the plaintiffs filed a “Stipulation and Joint Motion for Dismissal,”
signed on behalf of all parties who have appeared, in which the parties “stipulate to the dismissal
of all claims with prejudice pursuant to Fed. R. Civ. P. 41(a)(1)(ii).” Doc. #63. Though the
parties “further move the Court for a formal Order of Dismissal,” no further action by the Court
is required since the parties’ stipulation complies with Rule 41(a)(1)(ii). See Bechuck v. Home
Depot U.S.A., Inc., 814 F.3d 287, 291 (5th Cir. 2016) (“The notice of dismissal is selfeffectuating and terminates the case in and of itself; no order or other action of the district court
is required.”). Accordingly, to the extent the parties move for an order of dismissal, the motion
[63] is DENIED as moot.
SO ORDERED, this 26th day of October, 2018.
/s/Debra M. Brown
UNITED STATES DISTRICT JUDGE