KNUEPPEL
v.
TRUE CHOICE LLC
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Plaintiff sought to voluntarily dismiss her individual claims in a putative class action with prejudice, while preserving claims for other class members. The court granted the dismissal with prejudice because no defendants had filed an answer or motion for summary judgment, the class had not been certified, and no other class members had appeared.
The court granted plaintiff's motion to dismiss with prejudice. Court approval is not required under Rule 23(e) because the class has not been certified and no other class members have appeared. The dismissal binds only the named plaintiff and does not preclude claims by absent class members.
[1] A plaintiff may voluntarily dismiss an action without a court order if no answer or motion for summary judgment has been filed by any defendant.
[2] A court's approval is not required for the voluntary dismissal of a putative class action prior to class certification.
Previewing 2 of 4 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligence“According to the plain text of Rule 41(a)(1)(A)(i), only the filing of an answer or a motion for summary judgment terminates a plaintiff's ability to voluntarily dismiss its claims without a court order.”
Establishes that defendants' failure to file an answer or motion for summary judgment preserved plaintiff's right to dismiss without court approval.
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Join FLexlaw to unlock all legal intelligencePlaintiff filed a Notice of Dismissal seeking to dismiss the putative class action with prejudice as to her individual claim and without prejudice as …
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Plaintiff filed a Notice of Dismissal (Dkt. 10) seeking to dismiss this putative class action with prejudice as to Plaintiff's individual claim and without prejudice as to any other potential member of the putative class's right to bring claims. (Dkt. 10.) Upon review of the docket, none of the Defendants have filed an answer or motion for summary judgment in this matter. See Fed. R. Civ. P. 41(a)(1)(A)(i); PTA-FLA, Inc. v. ZTE USA, Inc., 844 F. 3d 1299, 1307 (11th Cir. 2016) (“According to the plain text of Rule 41(a)(1)(A)(i), only the filing of an answer or a motion for summary judgment terminates a plaintiff's ability to voluntarily dismiss its claims without a court order.")
Plaintiff represents that she reached a settlement with Defendants as to her claims. (Dkt. 9.) Additionally, no other class members have appeared in this action. Federal Rule of Civil Procedure 23(e), states that a "certified class" or a "class proposed to be certified for purposes of settlement" may be voluntarily dismissed only with the court's approval. Fed. R. Civ. P. 23(e). Since the putative class has not been certified and no other class member has appeared, the court does not need to approve Plaintiff's voluntary dismissal. See Adams v. USAA Cas. Ins. Co., 863 F. 3d 1069, 1081 (11th Cir. 2017) (explaining that the 2003 amendment to Rule 23(e) intentionally limited the courts' supervisory powers over settlements and voluntary dismissals to class actions in which a class has been certified). Further, since this dismissal only binds Plaintiff as the proposed class representative, the court does not need to dismiss without prejudice any potential claims of class members who have not appeared. See 2 Joseph M. McLaughlin, McLaughlin on Class Actions § 6:1 (20th ed. 2023) (explaining that a settlement between only the named plaintiff and defendant prior to class certification has no preclusive effect on the claims of absent class members).
Accordingly:
1. This case is DISMISSED with prejudice.
2. The parties shall bear their own costs and attorney's fees.
3. Any pending motions are DENIED as moot.
4. The Clerk is DIRECTED to terminate any pending deadlines and thereafter close this case.
ORDERED in Orlando, Florida on October 7, 2024.
JULIE S. SNEED
UNITED STATES DISTRICT JUDGE
Copies furnished to: Counsel of Record