Metcalf v. Agee et al, No. 7:2014cv01196 - Document 55 (N.D. Ala. 2016)

Court Description: MEMORANDUM OPINION Signed by Chief Judge Karon O Bowdre on 7/8/16. (SAC )
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Metcalf v. Agee et al Doc. 55 FILED 2016 Jul-08 AM 10:40 U.S. DISTRICT COURT N.D. OF ALABAMA IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF ALABAMA WESTERN DIVISION IVAN QUINTEL METCALF, Plaintiff, v. CAPTAIN MIKE AGEE, et al., Defendants. ) ) ) ) ) ) ) ) ) Civil Action Number: 7:14-cv-1196-KOB-JEO MEMORANDUM OPINION Plaintiff Ivan Quintel Metcalf, acting through counsel, has filed a document styled as a “Stipulation for Dismissal with Prejudice,” advising that the remaining parties have reached a settlement. (Doc. 54). However, a “stipulation of dismissal” must be signed by each of the relevant parties, on both sides of the ledger. See FED. R. CIV. P. 41 (a)(1)(A)(ii). The instant filing is signed only by Plaintiff’s counsel, not defense counsel. (Doc. 54 at 1). And while a plaintiff may also file a voluntary “notice of dismissal” that is operative without a court order, he may only do so before the opposing party has served either an answer or a motion for summary judgment. See FED. R. CIV. P. 41(a)(1)(A)(i). Here, the Plaintiff’s instant filing was preceded by a motion for summary judgment. (See Docs. 20, 21, 30, 31, 39, 44). Accordingly, Plaintiff’s filing itself is not operative to dismiss the action without a court order under either Rule 41(a)(1)(A)(i) or (ii). Dockets.Justia.com Nonetheless, an action may be otherwise dismissed at the plaintiff’s request by a court order, on terms that the court considers proper. FED. R. CIV. P. 41(a)(2). Here, Plaintiff’s filing expressly acknowledges that he is amenable at this time to an unconditional dismissal with prejudice. Accordingly, the court will treat Plaintiff’s “Stipulation of Dismissal with Prejudice” as a motion for a voluntary dismissal with prejudice under Rule 41(a)(2). The court, discerning no unfair prejudice to any party, concludes that the motion (doc. 54) is due to be GRANTED. The court will enter a separate Final Order. DONE and ORDERED this 8th day of July, 2016. ____________________________________ KARON OWEN BOWDRE CHIEF UNITED STATES DISTRICT JUDGE