Opinion
1:20-cv-1041
03-14-2022
STEPHANIE DARROUGH, PLAINTIFF v. THE LINCOLN NATIONAL LIFE INSURANCE COMPANY, DEFENDANT
ORDER
Susan O. Hickey, Chief United States District Judge
Before the Court is a Joint Stipulation for Dismissal with Prejudice ECF No. 14. The parties stipulate that this case should be dismissed with prejudice pursuant to Federal Rule of Civil Procedure 41(a)(1)(A)(ii). An action may be dismissed by “a stipulation of dismissal signed by all parties who have appeared.” Fed.R.Civ.P. 41(a)(1)(A)(ii). “Caselaw concerning stipulated dismissals under Rule 41(a)(1)(A)(ii) is clear that the entry of such a stipulation of dismissal is effective automatically and does not require judicial approval.” Gardiner v. A.H. Robins Co., 747 F.2d 1180, 1189 (8th Cir. 1984). The instant stipulation of dismissal is signed by Plaintiff and Defendant. Thus, Plaintiff's claims against Defendant were effectively dismissed when the parties filed the instant stipulation. However, this order issues for purposes of maintaining the docket. Accordingly, this case is hereby DISMISSED WITH PREJUDICE, with each party to bear its own fees and costs.
IT IS SO ORDERED.