Metcalf v. Agee et al

Filing 55

MEMORANDUM OPINION Signed by Chief Judge Karon O Bowdre on 7/8/16. (SAC )

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.

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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).

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.

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KARON OWEN BOWDRE
CHIEF UNITED STATES DISTRICT JUDGE