HIOTAKIS
v.
NORTHWEST FEDERAL CREDIT UNION
AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.
The District Court for the Middle District of Florida addressed a joint stipulation for dismissal between plaintiff Hiotakis and defendant TD Bank that was not signed by all parties who had appeared in the action. Following Eleventh Circuit precedent, the court construed the unsigned stipulation as a motion to dismiss under Federal Rule of Civil Procedure 41(a)(2) and granted dismissal with prejudice.
A stipulation of dismissal under Rule 41(a)(1)(A)(ii) requires the signature of all parties who have appeared in the action. Where a stipulation is unsigned by all parties, the court may construe it as a motion to dismiss under Rule 41(a)(2) and may grant dismissal on terms the court considers proper.
[1] A stipulation of dismissal under Fed. …
[2] When a stipulation of dismissal is not signed by all parties, the court may construe it as a motion to dismiss under Fed. …
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“all parties who have appeared at any point in the action must sign a stipulation of dismissal for it to be effective under Fed. R. Civ. P. 41(a)(1)(A)(ii)”
Establishes the requirement for all parties to sign stipulations of dismissal
Previewing 1 of 3 key quotes on this case — the court’s exact language, pinpointed for members.
Join FLexlaw to unlock all legal intelligencePlaintiff Alexandra Hiotakis filed suit against multiple defendants including TD Bank, N.A. and Experian Information Solutions, Inc. Plaintiff and TD …
The full statement of facts, procedural history, and disposition for this case are member content.
Join FLexlaw to unlock all legal intelligence© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.
TD Bank, N.A. (Doc. 48), in which Plaintiff Alexandra Hiotakis and TD Bank jointly stipulate that Plaintiff's claims against TD Bank may be dismissed with prejudice pursuant to Fed. R. Civ. P. 41(a)(1)(A)(ii).
Only Plaintiff and TD Bank have signed the stipulation. However, in City of Jacksonville v. Jacksonville Hosp. Holdings, L.P., 82 F. 4th 1031, 1038-39 (11th Cir. 2023), the Eleventh Circuit held that "all parties who have appeared" at any point in the action must sign a stipulation of dismissal for it to be effective under Fed. R. Civ. P. 41(a)(1)(A)(ii). Therefore, the Court, being fully advised in the premises, will construe the stipulation as a motion to dismiss pursuant to Fed. R. Civ. P. 41(a)(2) and dismiss Plaintiff's claims against TD Bank, N.A., having found the terms of the stipulation proper. See Fed. R. Civ. P. 41(a)(2) (“Except as provided in Rule 41(a)(1), an action may be dismissed at the plaintiff's request only by court order, on terms that the court
considers proper."); see also Sanchez v. Disc. Rock & Sand, Inc., 84 F. 4th 1283, 1292-93 (11th Cir. 2023) (district court properly effected a dismissal when it dismissed a party under rule 41(a)(2) where stipulation of dismissal was not signed by all parties).
Therefore, it is ORDERED:
1. Plaintiff's claims against Defendant TD Bank, N.A. only, are dismissed with prejudice. Each party shall bear its own costs and attorneys' fees.
DONE and ORDERED in Tampa, Florida on May 24, 2024.
Charlene Edwards Honeywell Charlene Edwards Honeywell United States District Judge
Copies furnished to: Counsel of Record Unrepresented Parties
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- City of Jacksonville v. Jacksonville Hospitality Holdings, L.P., 82 F.4th 1031 (11th Cir. 2023)