Brandon Alarie v. John Alarie, et al.

Summary

The United States District Court for the Eastern District of Michigan adopted the magistrate judge’s Report and Recommendation and granted Plaintiff Brandon Alarie’s motion to dismiss. The action was dismissed without prejudice under Federal Rule of Civil Procedure 41(a)(2), and the remaining motions were denied as moot.

Holdings

1. The court granted Plaintiff's motion and dismissed the action against all Defendants without prejudice under Federal Rule of Civil Procedure 41(a)(2).
2. A plaintiff is not required to use Rule 41(a)(1) and may instead seek dismissal under Rule 41(a)(2) against Defendants who could have been dismissed without a court order.
3. The court denied the remaining motions as moot after dismissing the case without prejudice.

Questions Presented

1. Whether the court should grant Plaintiff's requested voluntary dismissal under Federal Rule of Civil Procedure 41(a)(2).
2. Whether the remaining pending motions should be denied as moot following dismissal.
3. Whether Plaintiff could proceed under Rule 41(a)(2) even though some Defendants were eligible for dismissal without a court order under Rule 41(a)(1).

Disposition

dismissed