Harsell v. Virginia Motor Lodges, Inc.
Filing
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MEMORANDUM OPINION. Signed by District Judge Elizabeth K. Dillon on 5/10/18. (sas)
IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF VIRGINIA
ROANOKE DIVISION
GRETA HARSELL,
Plaintiff,
v.
VIRGINIA MOTOR LODGES, INC.,
d/b/a Super 8,
Defendant.
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Civil Action No.: 7:17-cv-00389
By: Elizabeth K. Dillon
United States District Judge
MEMORANDUM OPINION
Before the court in this employment discrimination action are a motion for partial
summary judgment filed by defendant Virginia Motor Lodges, Inc. (VML), d/b/a Super 8 (Dkt.
No. 9) and a motion for voluntary dismissal with prejudice filed by plaintiff Greta Harsell (Dkt.
No. 30). The motion for partial summary judgment has been fully briefed and argued before the
court, and the court deems a hearing on the motion for voluntary dismissal unnecessary. For the
following reasons, the court will grant plaintiff’s motion to dismiss with prejudice and deny as
moot defendant’s motion for partial summary judgment. An appropriate order to this effect has
been entered. (Dkt. No. 31.)
I. BACKGROUND
Harsell brought this employment discrimination and retaliation action against her former
employer, VML. Harsell alleged that VML demoted her because of her age, in violation of the
Age Discrimination in Employment Act (ADEA), 29 U.S.C. §§ 621–634, and the Virginia
Human Rights Act (VHRA), Virginia Code §§ 2.2-3900–3903. Additionally, Harsell alleged
that VML also violated the ADEA by subsequently terminating her employment in retaliation for
her filing a complaint with the Equal Employment Opportunity Commission (EEOC).
VML filed a motion for partial summary judgment as to the ADEA claims and a motion
to dismiss the VHRA claim. In particular, VML argued that it should be granted summary
judgment as to plaintiff’s ADEA claims because no reasonable juror could conclude that VML
qualifies as an “employer” under the ADEA because it had not employed the requisite number of
employees. The court held a hearing as to both motions on February 21, 2018. The court
granted the motion to dismiss in a written opinion on February 22, 2018. (Dkt. No. 22.) With
respect to the motion for partial summary judgment, the court allowed limited discovery—
regarding the number of defendant’s employees—to be completed and communicated to the
court by a status update no later than 60 days following the hearing.
On April 19, Harsell submitted a status report and motion for Rule 41(a)(2) dismissal
with prejudice. In her motion, Harsell “concedes that [VML] is not an ‘employer’ subject to the
[ADEA].” (Pl.’s Mtn 1, Dkt. No. 30.) VML has not filed any response to the motion.
II. DISCUSSION
Federal Rule of Civil Procedure 41(a)(2) allows for dismissal by court order after the
opposing party has served either an answer or motion for summary judgment and without the
consent of all parties who have appeared. The decision to grant or deny a voluntary dismissal
under Rule 41(a)(2) is a matter of discretion to be guided by certain factors, including the
potential prejudice to the nonmoving party. Davis v. USX Corp., 819 F.2d 1270, 1273 (4th Cir.
1987). Where, as here, a plaintiff’s Rule 41(a)(2) motion “specifically request[s] dismissal with
prejudice, it has been held that the district court must grant that request.” 9 Charles A. Wright &
Arthur R. Miller § 2367 (3d ed. 2008) (emphasis added). Indeed, that plaintiff seeks “dismissal
with prejudice is of paramount importance,” F.D.I.C. v. Becker, 166 F.R.D. 14, 15 (D. Md.
1996), because a voluntary dismissal with prejudice under Rule 41(a)(2) operates as “a complete
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adjudication on the merits of the dismissed claim,” Harrison v. Edison Bros. Apparel Stores Inc.,
924 F.2d 530, 534 (4th Cir. 1991).
In her motion for voluntary dismissal, Harsell represents that “[a]fter examining all the
evidence . . . [Plaintiff] concedes that she lacks evidence to prove that Defendant had ‘twenty or
more employees for each working day in each of twenty or more calendar weeks in the current or
preceding calendar year’” in order to bring VML within the purview of the ADEA. (Pl.’s Mtn.
1.) Thus, Harsell moves the court “to dismiss this action with prejudice[,] . . . the parties to bear
their respective costs.” (Id.)
Considering that dismissal with prejudice of Harsell’s complaint insulates VML from
further litigation arising out of the dismissed claims, any injustice that VML might otherwise
suffer “is significantly lessened.” Becker, 166 F.R.D. at 15. Because district courts ordinarily
“must” grant a plaintiff’s request for voluntary dismissal with prejudice, Harsell’s Rule 41(a)(2)
motion will be granted. Although the court may impose conditions, such as the movant’s
payment of the opposing party’s fees and costs, when the dismissal is without prejudice, such
conditions are not appropriate where the motion is granted with prejudice because there is no risk
that the defendant can be called upon again to defend and thus no risk of any duplication of
expense. See Harrison, 924 F.2d at 534 (emphasizing that dismissal with prejudice is a complete
adjudication of the issues and thus “[a]n adjudication in favor of the defendants, by court or jury,
can rise no higher than this”) (internal citations and quotations omitted).1 Accordingly, Harsell’s
Rule 41(a)(2) motion will be granted, and the case will be dismissed with prejudice.
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Courts have recognized two exceptions to the general principle that such conditions are inappropriate
where a motion for voluntary dismissal is granted with prejudice: (1) where the case involves “exceptional
circumstances,” such as where the plaintiff’s suit was groundless, and (2) where “there is independent statutory
authority for such an award.” See 9 Wright & Miller § 2366 (internal quotation marks and citations omitted).
There is no indication that either exception applies here.
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III. CONCLUSION
For the foregoing reasons, plaintiff’s motion to dismiss will be granted with prejudice and
defendant’s motion for partial summary judgment will be denied as moot. An appropriate order
has been entered. (Dkt. No. 31.)
Entered: May 10, 2018.
/s/ Elizabeth K. Dillon
Elizabeth K. Dillon
United States District Judge
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