Platt v. Gameday Healthy Kids Foundation, Inc.

Filing 34

ORDER denying 28 Motion for Summary Judgment as Moot. Signed by Judge S. Thomas Anderson on 5/12/16. (Anderson, S.)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF TENNESSEE
WESTERN DIVISION

JOSEPH PLATT,
Plaintiff,
v.
GAMEDAY HEALTHY KIDS
FOUNDATION, INC.,
Defendant.

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No. 15-2279-STA-dkv

ORDER DENYING ALL PENDING MOTIONS AS MOOT DUE TO SETTLEMENT
______________________________________________________________________________
Before the Court is Defendant Gameday Healthy Kids Foundation, Inc.’s Motion for
Summary Judgment (ECF No. 28) filed on April 15, 2016. On May 11, 2016, the parties filed a
notice of settlement (ECF No. 32) and stipulation of dismissal (ECF No. 33). Rule 41(a)(1)(A)
of the Federal Rules of allows the parties to an action to stipulate to the dismissal of the case
without a court order.1 A “properly stipulated voluntary dismissal by plaintiff pursuant to rule is
self-executing and does not require judicial approval.”2 In light of these filings, the pending
Motion for Summary Judgment is DENIED as moot.
This leaves only the issues raised in a show cause order entered by the Court on April 4,
2016. The Court ordered counsel for both parties to show cause as to why the Court should not
hold them in contempt for their failure to comply with previous orders of the Court. Each side
has filed a response to the show cause order, and the Court has set a show cause hearing for
1

Fed. R. Civ. P. 41(a)(1)(A) (“[T]he plaintiff may dismiss an action without a court order
by filing a stipulation of dismissal signed by all parties who have appeared.”).
2

Green v. Nevers, 111 F.3d 1295, 1301 (6th Cir. 1997) (citations omitted).
1

Friday, May 13, 2016. Typically, stipulation of dismissal would result in the entry of judgment
without the need for further proceedings. However, a stipulation of dismissal does not deprive a
court of jurisdiction to decide collateral matters, even though the case is in a technical sense no
longer pending before the court.3 While the parties’ stipulation of dismissal operates to bring
their legal dispute to a conclusion, the stipulation of dismissal does not affect the issues
addressed in the Court’s show cause order. Therefore, the show cause hearing will proceed as
planned. The parties are directed to file a copy of their executed settlement agreement with the
Court for in camera review prior to the show cause hearing.
IT IS SO ORDERED.
s/ S. Thomas Anderson
S. THOMAS ANDERSON
UNITED STATES DISTRICT JUDGE
Date: May 12, 2016

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Cooter & Gell v. Hartmarx Corp., 496 U.S. 384, 395 (1990); Red Carpet Studios Div.
of Source Advantage, Ltd. v. Sater, 465 F.3d 642, 645 (6th Cir. 2006).
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