Joshua Marrero v. Envases USA, Inc.

Summary

The United States District Court for the District of New Hampshire denies Envases USA, Inc.’s motion to reopen a Fair Labor Standards Act case that Joshua Marrero voluntarily dismissed without prejudice. The court holds that a pending Rule 12(b)(6) motion to dismiss is neither an answer nor a motion for summary judgment under Rule 41(a)(1), and declines to convert the motion into one for summary judgment.

Holdings

1. A Rule 12(b)(6) motion to dismiss is neither an answer nor a motion for summary judgment and generally does not terminate a plaintiff's right to voluntarily dismiss an action by notice under Rule 41(a)(1).
2. The court declined to construe or convert Envases's motion to dismiss as a motion for summary judgment.

Questions Presented

1. Whether Envases's pending motion to dismiss should be construed as a motion for summary judgment, thereby preventing Marrero from voluntarily dismissing the action by notice under Federal Rule of Civil Procedure 41(a)(1).
2. Whether the court should reopen the case after Marrero's voluntary dismissal without prejudice.

Disposition

other