SWEEP AMERICA INTERMEDIATE HOLDINGS, LLC
v.
VITALE, JR.
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The district court granted plaintiff's notice of dismissal without prejudice of defendant Liberty Sweeping, LLC under Federal Rule of Civil Procedure 41(a)(1)(A)(i), finding that Liberty had not filed an answer or motion for summary judgment, which are the only acts that terminate a plaintiff's unilateral right to dismiss.
Yes. A plaintiff may dismiss all claims against a particular defendant without a court order by filing a notice of dismissal under Rule 41(a)(1)(A)(i) as long as the relevant opposing party has not filed either an answer or a motion for summary judgment.
[1] A plaintiff may dismiss an action against a particular defendant without a court order by filing a notice of dismissal before that defendant serves an answer or a motion…
[2] The filing of an answer or a motion for summary judgment terminates a plaintiff's ability to voluntarily dismiss claims against a defendant without a court order.
Previewing 2 of 3 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“the rule "allows a district court to dismiss all claims against a particular defendant."”
Establishes that Rule 41(a)(1)(A)(i) permits dismissal of all claims against one defendant without affecting claims against others.
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Join FLexlaw to unlock all legal intelligencePlaintiffs filed a notice of dismissal without prejudice of Liberty Sweeping, LLC only. Liberty Sweeping, LLC had not filed an answer or a motion for …
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Plaintiffs filed a notice of dismissal without prejudice of Defendant Liberty Sweeping, LLC, only (Dkt. 31) under Federal Rule of Civil Procedure 41(a)(1)(A)(i). See Fed. R. Civ. P. 41(a)(1)(A)(i) (“[T]he plaintiff may dismiss an action without a court order by filing. a notice of dismissal before the opposing party serves either an answer or a motion for summary judgment . . . .”). Given the meaning of "action," the rule "allows a district court to dismiss all claims against a particular defendant." City of Jacksonville v. Jacksonville Hosp. Holdings, L.P., 82 F. 4th 1031, 1036 (11th Cir. 2023) (emphasis omitted). Here, the relevant "opposing party" is Liberty, and that Defendant has not filed an answer or motion for summary judgment. See 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 claims without a court order.").
Accordingly:
1. All claims against Liberty are DISMISSED without prejudice. 2. Liberty's motion to dismiss (Dkt. 28) is DENIED as moot.
ORDERED in Orlando, Florida, on January 31, 2025.
JULIE S. SNEED UNITED STATES DISTRICT JUDGE
Copies furnished to: Unrepresented Parties Counsel of Record
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Citator
Authorities Cited
- Pta-Fla, Inc. v. ZTE USA, Inc., 844 F.3d 1299 (11th Cir. 2016)
- City of Jacksonville v. Jacksonville Hospitality Holdings, L.P., 82 F.4th 1031 (11th Cir. 2023)