El Campo Ventures, LLC v. Stratton Securities, Inc,. et al

Filing 26

ORDER terminating Defendants Clay Signor, Signor Logistics, LLC, and Signor Farm and Ranch, LP. Signed by Judge Robert Pitman. (lt)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF TEXAS
AUSTIN DIVISION
EL CAMPO VENTURES, LLC,
Plaintiff,
v.
STRATTON SECURITIES, INC., et al.,
Defendants.

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1:20-CV-560-RP

ORDER
Before the Court is Plaintiff El Campo Ventures, LLC’s (“El Campo”) and Defendants Clay
Signor, Signor Logistics, LLC, and Signor Farm and Ranch, LP’s Stipulation of Dismissal Without
Prejudice. (Dkt. 25). In their Stipulation, Moran cites Federal Rule of Civil Procedure 41(a)(1)(A)(ii),
which allows a plaintiff to voluntarily dismiss an action without a court order by filing a notice of
dismissal before the opposing party serves an answer or a motion for summary judgment. (Id. at 1).
Though Rule 41 speaks of dismissing an “action,” the Fifth Circuit has interpreted it to allow
plaintiffs to dismiss all of their claims against individual opposing parties. See Oswalt v. Scripto, Inc.,
616 F.2d 191, 194–95 (5th Cir. 1980); Plains Growers ex rel. Florists’ Mut. Ins. Co. v. Ickes-Braun
Glasshouses, Inc., 474 F.2d 250, 254–55 (5th Cir. 1973); see also 9 Charles A. Wright, et al. Federal
Practice and Procedure § 2362 (3d ed. Aug. 2019 update).
“Stipulated dismissals under Rule 41(a)(1)(A)(ii) . . . require no judicial action or approval
and are effective automatically upon filing.” Yesh Music v. Lakewood Church, 727 F.3d 356, 362 (5th
Cir. 2013).

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Accordingly, IT IS ORDERED that the Clerk shall TERMINATE Defendants Clay
Signor, Signor Logistics, LLC, and Signor Farm and Ranch, LP.
SIGNED on March 11, 2020.

_____________________________________
ROBERT PITMAN
UNITED STATES DISTRICT JUDGE

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