holding that a joint stipulation of dismissal is “self-executing” and dismisses the case upon proper filing
How later courts described this case
- holding that a joint stipulation of dismissal is “self-executing” and dismisses the case upon proper filing
Written by the judges who cited it.
The opinion
UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF ALABAMA
NORTHEASTERN DIVISION
ZELDA MENEFEE, )
)
Plaintiff, )
)
v. ) Case No.: 5:18-cv-1481-LCB
)
CITY OF HUNTSVILLE BOARD OF )
EDUCATION, et al., )
)
Defendants. )
MEMORANDUM
The parties have filed a Joint Stipulation of Dismissal with Prejudice (Doc.
73). Parties may dismiss a lawsuit voluntarily by filing a stipulation of dismissal
signed by all parties who have appeared, except in suits involving class or derivative
actions, unincorporated associations, and receiverships. Fed. R. Civ. P.
41(a)(1)(A)(ii). None of these exceptions apply in this case.
Because the parties have filed a joint stipulation of dismissal signed by all
parties who have appeared, the case was dismissed, with prejudice, immediately
upon filing. Love v. Wal-Mart Stores, Inc., 865 F.3d 1322, 1325 (11th Cir. 2017)
(holding that a joint stipulation of dismissal is “self-executing” and dismisses the
case upon proper filing)). The Clerk of Court is therefore DIRECTED to close this
case.
DONE and ORDERED this December 30, 2019.
SESE
LILES C. BURKE
UNITED STATES DISTRICT JUDGE