Opinion
CV 623-018
11-08-2023
EDWARD STANLEY, Plaintiff, v. SECURUS TECHNOLOGIES, LLC, et al., Defendants.
ORDER
J. RANDAL HALL, CHIEF JUDGE UNITED STATES DISTRICT COURT.
Before the Court is Plaintiff's stipulation of dismissal without prejudice of Defendants Securus Technologies, LLC, Alvin Stanley, Independent Technologies, LLC d/b/a Wintel, a division of Independent Technologies, LLC, and Dataonline Corp, d/b/a Anova under Federal Rule of Civil Procedure 41. (Doc. 69, at 1-2.) The stipulation is only signed by Plaintiff. (Id. at 2.) Rule 41(a)(1), however, only allows a plaintiff to "dismiss an action without a court order by filing ... a stipulation of dismissal signed by all parties who have appeared." FED. R. CIV. P. 41(a)(1)(A)(ii) (emphasis added). The Eleventh Circuit has found a stipulation of dismissal that is "not signed by all parties who have appeared in th[e] case" is invalid. Hardnett v. Equifax Info. Servs., LLC, No. 21-13195, 2023 WL 2056285, at *1 (11th Cir. Feb. 17, 2023).
IT IS THEREFORE ORDERED that Plaintiff' S stipulation of dismissal (Doc. 69) is DENIED WITHOUT PREJUDICE. If Plaintiff wants to dismiss the above-named Defendants, the Parties are instructed to re-file this motion with the signatures of all parties that have appeared in this case,.
ORDER ENTERED.