Carter v. Alton

After the defendants filed an answer, Carter moved to voluntarily dismiss the complaint that she had filed against Morelli, Henderson, and the City of Alton. Her motion did not explicitly say that she sought a dismissal without prejudice, but stated that “neither party will be prejudiced by the granting of this Motion.” The defendants argued that the court should grant Carter’s motion with prejudice. Carter amended her motion to specify that she sought a dismissal without prejudice. The district court dismissed Carter’s complaint with prejudice and denied Carter’s motion for reconsideration. The Seventh Circuit vacated. Under FED.R. CIV. P. 41(a)(2), the court had the discretion to dismiss the case either with or without prejudice but before entering the dismissal order, it should have given Carter an opportunity to withdraw her voluntary dismissal motion. Carter requested just such an opportunity, and the court erroneously refused to give it to her. View "Carter v. Alton" on Justia Law