Lalli v. Warner Bros. Discovery, Inc.

Background

Elle Lalli, through counsel, filed a notice of voluntary dismissal under Federal Rule of Civil Procedure 41(a)(1)(A)(i). On the same day, her counsel moved to withdraw. The defendants—Warner Bros. Discovery, Inc. and Warner Media, LLC U.S. Severance Plan—objected to dismissal without prejudice and argued that any court-ordered dismissal should be with prejudice because the case had involved extensive motion practice and costly litigation. Lalli then contacted the court directly, stating that she was unclear about whether she was represented and asking for additional time to respond to the defendants’ letter.

Rule and Analysis

The court distinguished between two forms of voluntary dismissal under Rule 41. The provision Lalli used allows a plaintiff to dismiss an action without a court order by filing a notice before the opposing party serves either an answer or a motion for summary judgment. The court found that neither party had served an answer or a summary-judgment motion. Although the defendants had filed multiple motions to dismiss, a motion to dismiss is not an answer or a summary-judgment motion and does not end the plaintiff’s unilateral right to dismiss under this rule. The court also stated that a qualifying notice of dismissal cannot be set aside.

Ruling

The court stated that the case had been voluntarily dismissed without prejudice and that it had no power to grant the defendants’ requested relief. The order also directed Lalli’s counsel of record to provide Lalli with a copy of the order. The opinion does not state a ruling on the separate motion by Lalli’s counsel to withdraw.