Kenneth S. Langendorf v. American Family Mutual Insurance Company, S.I.

Summary

The court held that Plaintiff’s unilateral Notice of Voluntary Dismissal was ineffective under Federal Rule of Civil Procedure 41(a)(1)(A) because Defendant had already filed an answer. The court ordered the Clerk to strike the notice and explained that Plaintiff could instead file a stipulation of dismissal or seek a court-ordered dismissal.

Holdings

1. A plaintiff cannot unilaterally dismiss an action by notice under Federal Rule of Civil Procedure 41(a)(1)(A) after the defendant has filed an answer; the action remains pending unless the parties stipulate to dismissal or the Court orders dismissal.
2. The Clerk must strike Plaintiff's ineffective Notice of Voluntary Dismissal from the record, and the case remains live.

Questions Presented

1. Whether a plaintiff may unilaterally dismiss an action without prejudice by notice under Federal Rule of Civil Procedure 41(a)(1)(A) after the defendant has filed an answer.
2. What procedural action the Court should take regarding the ineffective notice of voluntary dismissal.

Disposition

other