Gabel, Amy v. MillerCoors

Filing 50

ORDER that the parties may have until October 30, 2015, to object to dismissal of this case. If neither party responds by this deadline, then I will dismiss this case with prejudice and without costs or fees to either party. Signed by District Judge James D. Peterson on 10/23/2015. (jef),(ps)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF WISCONSIN

AMY L. GABEL,
ORDER
Plaintiff,
v.

14-cv-489-jdp

MILLERCOORS,
Defendant.

Plaintiff Amy Gabel has filed a notice of voluntary dismissal, pursuant to Federal Rule
of Civil Procedure 41(a)(1)(A)(i). Dkt. 49. Gabel indicates that she wants to dismiss this case
with prejudice and without costs or fees to either party. But the provision of Rule 41 to
which Gabel cites allows dismissal without a court order only if the opposing party has not yet
filed an answer. Defendant MillerCoors answered Gabel’s amended complaint on January 27,
2015. Dkt. 13. Thus, this provision of Rule 41 is no longer available to Gabel.
I will construe Gabel’s filing as a motion to dismiss under Rule 41(a)(2), which allows
Gabel to move for a court order dismissing her case “on terms that the court considers
proper.” Gabel has asked that I dismiss this case with prejudice, meaning that she will not be
able to bring another lawsuit in the future to assert the claims that she has alleged in this
case. I consider these terms to be proper. But because I have converted Gabel’s notice of
dismissal into a motion under Rule 41(a)(2), I will give the parties a brief opportunity to
object to my dismissal of the case on these terms. If neither party responds within seven days
of this order, then I will dismiss this case with prejudice and without costs or fees to either
party.

ORDER
IT IS ORDERED that the parties may have until October 30, 2015, to object to
dismissal of this case. If neither party responds by this deadline, then I will dismiss this case
with prejudice and without costs or fees to either party.
Entered October 23, 2015.
BY THE COURT:
/s/
________________________________________
JAMES D. PETERSON
District Judge

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