Aubin Scotland v. Kmart Corporation

Summary

The District Court of the Virgin Islands construed Plaintiff Aubin Scotland’s notice indicating that he was amenable to dismissal as a notice of voluntary dismissal under Federal Rule of Civil Procedure 41(a)(1)(A)(i). Because no answer or motion for summary judgment had been filed, the court held that the dismissal was automatic and immediate, dismissed the action without prejudice, denied Kmart Corporation’s motion to dismiss as moot, and directed the Clerk to close the case.

Holdings

1. When a plaintiff's filing plainly indicates that the plaintiff no longer intends to pursue the action, the court may construe it as a notice of voluntary dismissal. Because no answer or motion for summary judgment had been served, Plaintiff's notice automatically and immediately dismissed the action without prejudice under Rule 41(a)(1)(A)(i).
2. Because Plaintiff's notice had already dismissed the action, Kmart's motion to dismiss was moot.

Questions Presented

1. Whether Plaintiff's notice stating that he was amenable to dismissal without prejudice constituted a notice of voluntary dismissal under Federal Rule of Civil Procedure 41(a)(1)(A)(i).
2. Whether Kmart's pending motion to dismiss should be resolved after the voluntary dismissal.

Disposition

dismissed