HUSSAIN
v.
STADELMAN

M.D. Fla. | 2023-04-24
No. 68.
2006 WL 2189542 District Court, M.D. Florida (2023) Positive Treatment
Cited by 1 case

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Holding

The court held that a joint stipulation for dismissal without prejudice requires a formal motion and court order under Rule 41(a)(2).


Facts & Procedural History

Plaintiffs and one defendant filed a joint stipulation to dismiss that defendant without prejudice. No other parties joined the stipulation. The court…

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Opinion of the Court

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.

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LESLIE AN PRICE

UNITED STATES MAGISTRATE JUDGE

Copies furnished to: Counsel of Record Unrepresented Parties

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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…

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