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Johnnie Ault, Individually and As Special Administrator of the Estate v. Schlumberger

November 20, 2012

JOHNNIE AULT, INDIVIDUALLY AND AS SPECIAL ADMINISTRATOR OF THE ESTATE OF BRYAN W. AULT, DECEASED, PLAINTIFF,
v.
SCHLUMBERGER, LTD., TRANSOCEAN, LTD, HARBINGER GROUP, INC., AND BP, PLC., DEFENDANTS.



The opinion of the court was delivered by: J. Phil Gilbert District Judge

MEMORANDUM AND ORDER

This matter comes before the Court on plaintiff Johnnie Ault's and defendant Transocean Ltd.'s joint stipulation of dismissal without prejudice (Doc. 37) pursuant to Federal Rule of Civil Procedure 41(a)(1)(A)(ii).

Federal Rule of Civil Procedure 41(a)(1)(A)(ii) provides that "a plaintiff may dismiss an action without a court order by filing a stipulation of dismissal signed by all parties who have appeared." Because plaintiff has an absolute right to dismiss this case pursuant to a stipulation under Rule 41(a)(1)(A)(ii), the Court finds that the claims against defendant Transocean Ltd., are DISMISSED without prejudice. The Court further DENIES defendant Transocean Ltd.'s motion to dismiss or alternatively for more definite statement (Doc. 29) as MOOT.

IT IS SO ORDERED.

J. Phil Gilbert

20121120

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