England v. Hatch
1:14-cv-00079
D. UtahApr 27, 2016Background
- Intervenor-plaintiff Joel D. Wright filed suit in the District of Utah and later filed a Notice of Voluntary Dismissal under Fed. R. Civ. P. 41(a)(1)(A)(i), stating the dismissal was with prejudice.
- Wright subsequently moved for an award of attorney’s fees under 42 U.S.C. § 1988.
- The court considered whether it had jurisdiction to award fees after a Rule 41(a)(1) voluntary dismissal.
- Wright relied on Kirk v. New York State Dep’t of Educ. to argue he retained "prevailing party" status and thus fee entitlement; the court found Kirk procedurally distinguishable.
- The court concluded that a voluntary dismissal under Rule 41(a)(1)(A)(i) divested it of jurisdiction to award attorney’s fees and denied Wright’s motion.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether court may award attorney’s fees after a Rule 41(a)(1)(A)(i) voluntary dismissal | Wright: He is a "prevailing party" and entitled to fees (citing Kirk) | Court: Voluntary dismissal under Rule 41(a)(1) divests district court of jurisdiction to decide merits or award fees | Denied — court lacks jurisdiction to award fees after Wright’s voluntary dismissal |
| Whether Wright lost "prevailing party" status due to later events | Wright: Prevailing status persists despite dismissal circumstances (relying on Kirk) | Court: Whether he is a prevailing party is not reached because jurisdictional defect is dispositive | Not reached — dispositive jurisdictional ruling made |
Key Cases Cited
- Schmier v. McDonald’s LLC, 569 F.3d 1240 (10th Cir.) (voluntary dismissal with prejudice is final adjudication)
- Netwig v. Georgia-Pacific Corp., 375 F.3d 1009 (10th Cir.) (filing a Rule 41(a)(1) notice leaves parties as if no action had been brought; district court loses jurisdiction over dismissed claims)
- Kirk v. New York State Dep’t of Educ., 644 F.3d 134 (2d Cir.) (holding prevailing-party status may survive mootness on appeal in that procedural posture)
- Santiago v. Kaimowitz, 753 F.2d 219 (2d Cir.) (holding a voluntary dismissal under Rule 41(a)(1) divests district court of jurisdiction to award attorney’s fees)