Civil Procedure Tip of the Week: Case Dismissed, Bring in the Dancing Lobsters

Post authored by Kenny Matuszewski

Under Federal Rule 41(a)(1)(A), a plaintiff may file a dismissal of the case if the defendant has not served either an answer or motion for summary judgment on the plaintiff. However, if the defendant has served either of those on the plaintiff, then the case may still be dismissed if all parties agree to sign a stipulation. Unless there is a competing local rule in place, this means that the plaintiff can still dismiss the case on their own if the Defendant has filed a motion to dismiss.

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