White v. Stewart
1:23-cv-00435
S.D. Ala.Jun 24, 2025Background
- Plaintiff Caesar White, Jr. filed an action against multiple defendants: Wilfred Brian Stewart, Boost Carriers, and USAA.
- The parties, except USAA who opted out, submitted a stipulation seeking dismissal with prejudice of the case.
- The stipulation was signed by White, Stewart, and Boost Carriers, but not by prior Defendant USAA.
- Fed. R. Civ. P. 41(a)(1)(A) permits voluntary dismissal by stipulation, but only if all parties who have appeared sign.
- The court determined the stipulation could not be effective under Rule 41(a)(1)(A)(ii) due to the missing signature from USAA.
- The court construed the filing as a motion for voluntary dismissal under Rule 41(a)(2), requiring court approval, and granted the motion, dismissing the case with prejudice and no award of fees or costs.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the stipulation of dismissal is effective under Rule 41(a)(1)(A)(ii) without all signatures | Sought dismissal with prejudice based on stipulation | Joined the stipulation; did not object | Not effective without all parties' signatures |
| Whether the court can dismiss under Rule 41(a)(2) without all parties' signatures | Agreed to dismissal; requested court approval | Agreed to dismissal; requested court approval | Court may dismiss under Rule 41(a)(2) |
| Applicability of Rule 41 to partial dismissals (against fewer than all defendants) | Supported partial case dismissal | Supported partial case dismissal | Rule 41 allows dismissal as to specific parties |
| Distribution of attorneys' fees and costs | Each party should bear own costs | Each party should bear own costs | Each party to bear their own fees and costs |
Key Cases Cited
- Klay v. United Healthgroup, Inc., 376 F.3d 1092 (11th Cir. 2004) (Rule 41 allows plaintiff to dismiss all claims against a particular defendant)
- Plain Growers, Inc. ex rel. Florists’ Mut. Ins. Co. v. Ickes-Braun Glasshouses, Inc., 474 F.2d 250 (5th Cir. 1973) (court can dismiss as to less than all defendants upon motion)
- Bonner v. City of Prichard, Ala., 661 F.2d 1206 (11th Cir. 1981) (adopts former Fifth Circuit precedent as binding in Eleventh Circuit)
- City of Jacksonville v. Jacksonville Hosp. Holdings, L.P., 82 F.4th 1031 (11th Cir. 2023) (stipulation must be signed by all parties to be effective under Rule 41(a)(1)(A)(ii); court can dismiss by order under Rule 41(a)(2))
- Rosell v. VMSB, LLC, 67 F.4th 1141 (11th Cir. 2023) (Rule 41(a) permits dismissal against individual parties)
- Estate of West v. Smith, 9 F.4th 1361 (11th Cir. 2021) (Rule 41(a)(1) dismissal is self-executing and divests court of jurisdiction)