HUSSAIN
v.
STADELMAN
AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.
The court held that a joint stipulation for dismissal without prejudice requires a formal motion and court order under Rule 41(a)(2).
Plaintiffs and one defendant filed a joint stipulation to dismiss that defendant without prejudice. No other parties joined the stipulation. The court…
The full statement of facts, procedural history, and disposition for this case are member content.
Join FLexlaw to unlock all legal intelligence© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.
Explore caselaw by topic → Browse Federal Rule Of Civil Procedure 41(A)(1)(A)(I) cases and more on FLexlaw
This cause comes before the Court on a Joint Stipulation for Dismissal Without Prejudice filed by Plaintiffs and counsel for Defendant Jonathan Bloom, in which these parties jointly ask the Court to dismiss Jonathan Bloom as a party, without prejudice, pursuant to Federal Rule of Civil Procedure 41(a)(2). Doc. No. 68. No other parties have joined in the filing. Cf. Fed. R. Civ. P. 41(a)(1)(A)(ii).
Since its filing, the Joint Stipulation has been construed as a motion, and referred to the undersigned. Upon consideration, given that the parties are requesting dismissal by Court
Order under Rule 41(a)(2), the Court will require the parties to file a motion in compliance with the Local Rules and Federal Rules of Civil Procedure, setting forth the bases for why the requested relief should be granted. See generally Johnson v. Pringle Dev., Inc., No. 5:05-cv-37-Oc-10GRJ, 2006 WL 2189542, at *2 (M.D. Fla. Aug. 1, 2006) (“[A] voluntary dismissal under Rule 41(a)(2) requires a substantial role by the court for its effectuation: the plaintiff must move in writing to dismiss the action; the court must exercise discretion to approve or disapprove the motion; the court
must decide whether to impose conditions on the moving party; and the dismissal is not valid unless the parties obtain a court order.”). Accordingly, the Joint Stipulation for Dismissal Without Prejudice (Doc. No. 68) is hereby STRICKEN. On or before May 9, 2023, Plaintiffs and Jonathan Bloom shall file a motion in full compliance with the Local Rules and Federal Rules of Civil Procedure setting forth the bases for the requested relief. Alternatively, by this same deadline, Plaintiffs may file a notice of dismissal with respect to Jonathan
Bloom in accordance with Fed. R. Civ. P. 41(a)(1)(A)(i). DONE and ORDERED in Orlando, Florida on April 24, 2023.
ay [...]
LESLIE AN PRICE
UNITED STATES MAGISTRATE JUDGE
Copies furnished to: Counsel of Record Unrepresented Parties
Qo
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Hussain v. Stadelman, 2006 WL 2189542 (M.D. Fla. 2023)…uire the parties to file a motion in compliance with the Local Rules and Federal Rules of Civil Procedure, setting forth the bases for why the requested relief should be granted. See generally Johnson v. Pringle Dev., Inc., No. 5:05-cv-37-Oc-10GRJ, 2006 WL 2189542, at *2 (M.D. Fla. Aug. 1, 2006) (“[A] voluntary dismissal under Rule 41(a)(2) requires a substantial role by the court for its effectuation: the plaintiff must move in writing to dismiss the action; the court must exercise discretion to approve or d…
Authorities Cited
- Hussain v. Stadelman, 2006 WL 2189542 (M.D. Fla. 2023)