Richardson, Latanya v. Honor Finance, LLC

Filing 20

ORDER re 16 MOTION TO VOLUNTARILY DISMISS Without Prejudice, All Claims filed by Latanya Richardson. Plaintiff's response to this Order is due by 11/21/2017. Signed by District Judge James D. Peterson on 11/15/2017. (jls)

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

LATANYA RICHARDSON,
Plaintiff,
v.
HONOR FINANCE, LLC,

OPINION & ORDER
17-cv-354-jdp

Defendant.
Plaintiff Latanya Richardson moves to dismiss this action under Federal Rule of Civil
Procedure 41(a)(2) without prejudice. Dkt. 16. Defendant Honor Finance, LLC, opposes,
contending that the dismissal should either be with prejudice or that Honor Finance should be
compensated for its litigation effort so far. Dkt. 18.
This court has the discretion to impose whatever terms and conditions it deems
necessary to offset the prejudice defendant may otherwise suffer from a dismissal without
prejudice. LeBlang Motors, Ltd. v. Subaru of Am., Inc., 148 F.3d 680, 685 (7th Cir. 1998). But
before dismissing the case on its own terms, the court must give the plaintiff a chance to
withdraw the motion. Babcock v. McDaniel, 148 F.3d 797, 799 (7th Cir. 1998).
This case is at a relatively early stage. But Honor Finance has incurred some expenses
in defending it. And this is the second litigation involving these parties, as it is related to a
state-court repossession case. So the court will give Richardson three choices: (1) dismiss the
case with prejudice; (2) dismiss the case without prejudice, but pay Honor Finance’s actual
attorney fees and costs; or (3) withdraw the motion.
Richardson must respond to this order by November 21. If Richardson fails to respond,
the court will dismiss the action with prejudice. If Richardson chooses the second option, the

parties should attempt to stipulate to Honor Finance’s attorney fees and costs. But if that
attempt fails, Honor Finance should submit a properly documented request for fees and
expenses, due within two weeks of Richardson’s response to this order.
Entered November 15, 2017.
BY THE COURT:
/s/
________________________________________
JAMES D. PETERSON
District Judge

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