Steinbrecher v. Kenvue, Inc., et al.

Summary

The United States District Court for the Eastern District of Wisconsin denies the Hamilton Lincoln Law Institute’s Center for Class Action Fairness leave to file an amicus curiae brief because the plaintiff did not timely file a mootness fee petition. The court reiterates that the plaintiff’s Rule 41(a)(1)(A)(i) voluntary dismissal was effective upon filing and closes the case.

Holdings

1. A voluntary dismissal under Federal Rule of Civil Procedure 41(a)(1)(A)(i) becomes effective when the plaintiff files the notice of voluntary dismissal; a court order granting or adopting the dismissal is superfluous.
2. Leave to file the proposed amicus curiae brief was denied because Plaintiff did not timely file a mootness-fee petition, leaving no pending motion on which the proposed amicus could weigh in.

Questions Presented

1. Whether an order adopting or granting a voluntary dismissal was necessary after Plaintiff filed a notice of voluntary dismissal under Federal Rule of Civil Procedure 41(a)(1)(A)(i).
2. Whether the proposed amicus curiae brief should be accepted when no mootness-fee petition was pending.
3. Whether the case should be closed following Plaintiff's effective notice of voluntary dismissal.

Disposition

other