Order | Filed: June 05, 2024
| Entered: June 05, 2024
McDonald v. McDonald et al
Contract: Other | Illinois Southern
Order Dismissing Case
ORDER re: 76 Stipulation of Dismissal: Under Federal Rule of Civil Procedure 41(a)(1)(A)(ii), the parties may dismiss a case themselves at any time during the litigation by filing a stipulation of dismissal signed by all parties who have appeared. Fed. R. Civ. P. 41(a)(1)(A)(ii). A properly filed stipulation of dismissal is self-executing and dismisses a case immediately upon filing, without approval or further action by the court. See e.g., Natl Inspection & Repairs, Inc. v. George S. May Intl. Co., 600 F.3d 878, 883 (7th Cir. 2010); Jenkins v. Village of Maywood, 506 F.3d 622, 624 (7th Cir. 2007). Upon first reviewing the Stipulation of Dismissal, the Court was concerned that it did not contain all of the necessary signatures to effect the dismissal of this case. Specifically, the Stipulation was signed by Plaintiff, all of the individual Defendants, and Attorney John Challis on behalf of "Midwest Trust, administrator of the Peoples National Bank, as successor Trustee to Mercantile Trust Company N.A. f/k/a First Bank and Trust Co., Trustee u/t/a dated June 1, 1987, Trust 15431," which the Court understood to be the long-form name of Defendant Midwest Trust (see Doc. 1, para. 9). Thus the Court was concerned that Defendant Peoples National Bank had not signed the Stipulation of Dismissal. Upon further review, however, the Court believes the parties have been using the long-form name of Midwest Trust to collectively refer to both Midwest Trust and Peoples National Bank, presumably for the sake of brevity. For example, the body of the complaint makes clear Plaintiff has always recognized that Midwest Trust and Peoples National Bank were two separate entities, (see Doc. 1, para. 8, 9); yet, Plaintiff listed only "Midwest Trust, administrator of the Peoples National Bank, as successor Trustee... " in the caption of the complaint, (Doc. 1, p. 1), as well as the other documents he has filed (Docs. 34, 45, 69, 71, 74). Similarly, defense counsel John Challis explained that his clients Midwest Trust and Peoples National Bank were two separate entities, but he mirrored the name used by Plaintiff--"Midwest Trust, administrator of the Peoples National Bank, as successor Trustee... "--to refer to both of his clients (see Doc. 66). Therefore, based on the parties' past usage, the Court is confident that "Midwest Trust, administrator of the Peoples National Bank, as successor Trustee to Mercantile Trust Company N.A. f/k/a First Bank and Trust Co., Trustee u/t/a dated June 1, 1987, Trust 15431," stands for both Midwest Trust and Peoples National Bank. The Stipulation of Dismissal, having been signed by all parties who have appeared, effected the dismissal of this case with prejudice. The Clerk of Court is DIRECTED to close this case on the Court's docket. Signed by Magistrate Judge Mark A. Beatty on 6/5/2024. (klh2)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.