Nelson v. Napolitano, No. 10-2260 (7th Cir. 2011)
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Plaintiffs, employed by the Department of Homeland Security, filed a six-count employment discrimination suit in 2007. After the district court granted a motion to dismiss two counts, DHS failed to answer the complaint, apparently due to an oversight. In 2009, court granted plaintiffs' motion for voluntary dismissal without prejudice, (FRCP 41(a)(1)(A)). One of the plaintiffs was facing criminal charges and they wanted to wait for the resolution of that case. Nine months later, after expiration of the limitations period, plaintiffs moved to reinstate the case under FRCP 60(b). The court denied the motion. The Seventh Circuit affirmed. A case dismissed under Rule 41(a) is generally treated as if it had never been filed. The district court retained jurisdiction, but did not abuse its discretion in denying the extraordinary relief of reinstatement simply because plaintiffs made a mistake.
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