Eleventh Circuit Considers Issue of First Impression Regarding Rule 41(d) Awards of Costs
Posted on Mar 6, 2020 in Civil Procedure | Comments Off on Eleventh Circuit Considers Issue of First Impression Regarding Rule 41(d) Awards of Costs
Although parties generally bear their own costs upon voluntary dismissal of a federal case, there are, as with most rules, exceptions. For example, pursuant to Federal Rule of Civil Procedure 41(d), if a plaintiff voluntarily dismisses an action and then files a second action “based on or including the same claim,” the court may: (1) “order the plaintiff to pay all or part of the costs...
Rule 41 Not Proper Method to Dismiss Particular Claims
Posted on Jun 6, 2018 in Civil Procedure | Comments Off on Rule 41 Not Proper Method to Dismiss Particular Claims
What is the proper procedure for voluntarily dismissing a count in a civil action? This question is not explicitly answered by the text of the Federal Rules of Civil Procedure. The Eleventh Circuit offered a tutorial in Perry v. Schumacher Group of Louisiana, 2018 WL 2473721 (11th Cir. June 4, 2018), making clear that Fed. R. Civ. P. 41(a)(1)(A) is not an available mechanism for...
Appeal time runs from stipulation of dismissal filing—not subsequent order
Posted on Aug 7, 2017 in Appellate Procedure | Comments Off on Appeal time runs from stipulation of dismissal filing—not subsequent order
Fed. R. Civ. P. 41(a)(1)(A)(ii) provides that an action may be dismissed, without a court order, by filing “a stipulation of dismissal signed by all parties who have appeared.” Almost invariably, however, district courts respond to the filing of a stipulation of dismissal with their own order of dismissal, as if to make the dismissal official. In Love v. Wal-Mart Stores, Inc., 2017 WL...