stating that stipulations filed under Rule 41(a)(1)(A)(i) and (ii) are self-executing and dismiss the case effective upon filing
How later courts described this case
- stating that stipulations filed under Rule 41(a)(1)(A)(i) and (ii) are self-executing and dismiss the case effective upon filing
Written by the judges who cited it.
The opinion
UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
ORLANDO DIVISION
JERRY BROWN,
Plaintiff,
v. Case No: 6:22-cv-36-EJK
COMMISSIONER OF SOCIAL
SECURITY,
Defendant.
ORDER
This cause comes before the Court on Plaintiff’s Notice of Voluntary Dismissal
(the “Notice”) (Doc. 31), filed December 22, 2022. Because Defendant has already
served an Answer (Doc. 20) and the Notice is not signed by all parties who have
appeared in this action, the Notice is not self-effectuating. See Fed. R. Civ. P.
41(a)(1)(A); Anago Franchising, Inc. v. Shaz, LLC, 677 F.3d 1272, 1277–78 (11th Cir.
2012) (stating that stipulations filed under Rule 41(a)(1)(A)(i) and (ii) are self-executing
and dismiss the case effective upon filing).
However, Rule 41(a)(2) provides that an action may be dismissed by court order
at the Plaintiff’s request “on terms that the court considers proper.” Fed. R. Civ. P.
41(a)(2). Here, Plaintiff has indicated he is pursuing a new application for Social
Security disability. (Doc. 28.) Therefore, the Court finds that it is proper to dismiss the
case.
Accordingly, pursuant to Federal Rule of Civil Procedure 41(a)(2), it is
ORDERED that Plaintiffs Complaint (Doc. 1) is DISMISSED WITHOUT
PREJUDICE. The Clerk of Court is DIRECTED to close the file.
DONE and ORDERED in Orlando, Florida on January 4, 2023.
KIDD
UNITED STATES MAGISTRATE JUDGE