Reported / Citable
Background
Plaintiffs filed their complaint in April 2026. The defendants had not answered the complaint or moved for summary judgment.
Plaintiffs subsequently filed a document titled “Notice of Voluntary Dismissal Without Prejudice.” Although styled as a notice, the filing requested voluntary dismissal under Federal Rule of Civil Procedure 41(a)(2).
The Court’s Holding
U.S. Magistrate Judge Christina A. Bryan recommended granting the plaintiffs’ motion and dismissing their claims against all defendants without prejudice.
The memorandum noted that Rule 41(a)(1)(A)(i) permits a plaintiff to dismiss an action by notice before the opposing party serves either an answer or a motion for summary judgment. Because the filing invoked Rule 41(a)(2), however, the magistrate judge treated it as a motion requiring a court order and issued a recommendation rather than a final dismissal order.
Key Takeaways
- The magistrate judge recommended dismissal of all claims against all defendants without prejudice.
- No defendant had answered or filed a motion for summary judgment when plaintiffs sought dismissal.
- The parties have fourteen days to file written objections to the memorandum and recommendation.
Why It Matters
The recommendation illustrates the procedural distinction between dismissal by notice under Rule 41(a)(1)(A)(i) and dismissal by court order under Rule 41(a)(2). It also preserves the plaintiffs’ ability to bring their claims again because the recommended dismissal is without prejudice.