Opinion
No. 1:15-cv-00977-GEB-BAM
12-10-2015
Wade Reeves, Plaintiff, v. Transworld Systems Inc., Defendant.
ORDER
On December 1, 2015, defense counsel emailed the undersigned judge's courtroom deputy requesting the Court "Vacate the Notice of Acceptance of Offer of Judgement [sic] (dkt. 12) as requested in the [parties'] Stipulation [and proposed order] filed on 11/16/2015 (dkt. 15)."
However, on November 17, 2015, the parties filed a "Stipulation to Dismiss Entire Case, With Prejudice," which effectuated dismissal of this action under Federal Rules of Civil Procedure 41(a)(1)(A)(ii). (ECF No. 16.)
[T]he plain language of Rule 41(a)(1)(A)(ii) requires that a stipulation filed pursuant to that subsection is self-executing and dismisses the case upon its becoming effective. . . . District courts need not and may not take action after the stipulation becomes effective because the stipulation dismisses the case and divests the district court of jurisdiction.Anago Franchising, Inc. v. Shaz, LLC, 677 F.3d 1272, 1278 (11th Cir. 2012) (emphasis added); see also De Leon v. Marcos 659 F.3d 1276, 1284 (10th Cir. 2011) ("[T]he district court's order granting [the defendant's] motion to dismiss on the merits is void because it was issued after the stipulation was filed and therefore in the absence of jurisdiction."); cf. Wilson v. City of San Jose, 111 F.3d 688, 692 (9th Cir. 1997) (discussing effect of voluntary dismissal under Fed. R. Civ. P. 41(a)(1)(A)(i), stating: "[t]he filing of a notice of voluntary dismissal . . . automatically terminates the action").
Since the parties have not shown that the Court has jurisdiction to consider their request, it is denied. Dated: December 10, 2015
/s/_________
GARLAND E. BURRELL, JR.
Senior United States District Judge