JUAREZ
v.
UNITED STATES POSTAL SERVICE
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The district court rejected plaintiff Juarez's notice of voluntary dismissal with prejudice because it failed to comply with Federal Rule of Civil Procedure 41(a), which requires either a stipulation signed by all parties or a court order when a defendant has filed an answer.
Plaintiff's notice of voluntary dismissal was ineffective because, under Federal Rule of Civil Procedure 41(a)(1)(A), once a defendant has filed an answer, a plaintiff can no longer voluntarily dismiss without either a stipulation signed by all parties or a court order.
[1] Voluntary dismissal of a federal action is governed by Federal Rule of Civil Procedure 41(a).
[2] A plaintiff cannot voluntarily dismiss an action without a court order if the defendant has filed an answer.
Previewing 2 of 4 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligence“According to the plain text of Rule 41(a)(1)(A)(i), only the filing of an answer or a motion for summary judgment terminates a plaintiff's ability to voluntarily dismiss its claim without a court order.”
Establishes the key legal principle that an answer filed by a defendant terminates plaintiff's unilateral right to dismiss
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Join FLexlaw to unlock all legal intelligencePlaintiff filed a notice of voluntary dismissal with prejudice purporting to dismiss claims against the United States Postal Service. However, the USP…
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in this matter, leaving the United States the sole remaining Defendant. (See Dkts. 17, 20.) Moreover, because this case is pending in federal court, voluntary dismissal is controlled by Federal Rule of Civil Procedure 41(a).
Further still, because Defendant has filed an answer, (Dkt. 21), and because the notice is not signed by "all parties who have appeared," Plaintiff's notice is ineffective to voluntarily dismiss this action. See Fed. R. Civ. P. 41(a)(1)(A); PTA-FLA, Inc. v. ZTE USA, Inc., 844 F. 3d 1299, 1307 (11th Cir. 2016) (“According to the plain text of Rule 41(a)(1)(A)(i), only the filing of an answer or a motion for summary judgment terminates a plaintiff's ability to voluntarily dismiss its claim without a court order.");
City of Jacksonville v. Jacksonville Hosp. Holdings, L.P., 82 F. 4th 1031, 1034 (11th Cir. 2023) ("Rule 41(a)(1)(A)(ii) . . . permits a plaintiff to dismiss an action without a court order by filing 'a stipulation of dismissal signed by all parties who have appeared.'") (quoting Fed. R. Civ. P. 41(a)(1)(A)(ii)). If Plaintiff wishes to voluntarily dismiss this action, he may either file a joint "stipulation of dismissal signed by all parties who have appeared," Fed. R. Civ. P. 41(a)(1)(A)(ii) (emphasis added), or file a motion under Federal Rule of Civil Procedure 41(a)(2).
ORDERED in Orlando, Florida, on February 28, 2025.
JULIE S. SNEED UNITED STATES DISTRICT JUDGE
Copies furnished to: Counsel of Record