In re Bath and Kitchen Fixtures Antitrust Litigation

Brief Fact Summary.

Putative class action Plaintiffs filed an antitrust lawsuit against Defendants. Defendants moved to dismiss the complaint  the court’s decision on the motion gave Plaintiffs an opportunity to amend their complaint to add more facts. Plaintiffs instead filed a notice of voluntary dismissal. The court struck the Plaintiff’s notice upon Defendant’s request, and dismissed the complaint. Plaintiffs appealed.

Synopsis of Rule of Law.

A filing under Federal Rule of Civil Procedure 41(a)(1) is a notice, not a motion; its effect is automatic and a court order is not needed to end the action. A voluntary dismissal is without prejudice (unless it states otherwise) as long as the plaintiff has not previously dismissed the claim. A defendant can “cut off” the plaintiff’s right of voluntary dismissal by filing an answer or a motion for summary judgment.

Facts.

Plaintiffs filed a putative class action lawsuit against Defendants, alleging a price fixing conspiracy in violation of federal antitrust laws.  Rather than filing an answer, Defendants moved to dismiss the complaint for failure to state a claim. The court’s decision on the dismissal motion allowed Plaintiffs to amend their complaint to add more facts; Plaintiff instead filed a notice of voluntary dismissal of the complaint under  Federal Rule of Civil Procedure 41(a)(1). Defendants asked the court to enter an order of dismissal, with prejudice. The court struck the Plaintiff’s notice of dismissal and entered an order dismissing the complaint. Plaintiffs appealed.

Issue.

Did the district properly strike Plaintiff’s notice and properly enter an order dismissing the complaint?

Held.

No. The court of appeals vacated the district court’s order and remanded the matter with instructions for the lower court to enter an order dismissing the complaint, without prejudice.

Discussion.

A filing under Federal Rule of Civil Procedure 4(a)(1) is a notice, not a motion; its effect is automatic and no court order is needed to end the action; the resulting dismissal is without prejudice unless it states otherwise as long as the plaintiff has not previously dismissed the claim. A defendant can “cut off” the plaintiff’s right of voluntary dismissal by filing an answer or a motion for summary judgment.