A.Z., by and through his guardians Andrea Zolman and Steven Zolman v. Alpine School District, Ryan Burke, Kathy Draper, Joe Hayes, and David Turner

Summary

The United States District Court for the District of Utah addresses a stipulated dismissal following settlement in an action brought by A.Z. against Alpine School District and related defendants. The court holds that the dismissal is effective only as to defendants who stipulated, construes the dismissal as effective against the nonappearing defendant under Federal Rule of Civil Procedure 41(a)(1)(A)(i), and expressly retains jurisdiction to enforce the settlement agreement.

Holdings

1. In a multi-defendant action, when plaintiffs single out a defendant for dismissal, only the dismissed defendant need sign the stipulation under Rule 41(a)(1)(A)(ii), consistent with the Fifth Circuit's approach.
2. The stipulated dismissal was effective only as to the defendants who signed it and was not effective as to Kathy Draper.
3. Because Draper had filed neither an answer nor a motion for summary judgment and the plaintiffs had not requested an order under Rule 41(a)(2), the court construed the dismissal as a notice of voluntary dismissal under Rule 41(a)(1)(A)(i).
4. The court could retain ancillary jurisdiction to enforce the settlement agreement because the parties agreed to retention of jurisdiction and the dismissal order expressly manifested that intent.

Questions Presented

1. Which parties must sign a stipulation of dismissal under Federal Rule of Civil Procedure 41(a)(1)(A)(ii) in a multi-defendant action?
2. Against which defendants is the stipulation of dismissal effective?
3. Whether the court could dismiss the action as to Kathy Draper under Rule 41(a)(1)(A)(i).
4. Whether the court could retain ancillary jurisdiction to enforce the settlement agreement after dismissal.

Disposition

dismissed