Down to Earth Organics v. Travis Scott a/k/a Jacques Berman Webster II

Background

Down to Earth Organics, LLC filed this action against Travis Scott a/k/a Jacques Berman Webster II, Cactus Jack Publishing, LLC, LaFlame Enterprises, Inc., and unidentified defendants. The defendants filed an answer, and the parties conducted discovery. Three motions were pending: Down to Earth Organics’ motion to amend the complaint, the defendants’ motion for summary judgment, and Down to Earth Organics’ motion to voluntarily dismiss the action under Federal Rule of Civil Procedure 41(a)(2).

Although the plaintiff’s memorandum supporting voluntary dismissal included arguments resembling an opposition to summary judgment, the court treated the requested relief as clear: dismissal of the complaint under Rule 41(a)(2). The plaintiff’s proposed judgment requested that the action be dismissed with prejudice as to all parties.

Rule 41(a)(2) analysis

Rule 41(a)(2) permits a plaintiff to seek dismissal by court order after an opposing party has served an answer or moved for summary judgment. The court considers whether dismissal would seriously prejudice the defendant, including the defendant’s expense and inconvenience.

The court relied on decisions stating that when a plaintiff specifically requests dismissal with prejudice, the dismissal generally must be granted. A dismissal with prejudice prevents the claims from being litigated again and therefore does not adversely affect the defendants in the way a dismissal without prejudice could.

The defendants argued that dismissal might allow Down to Earth Organics to bring a new lawsuit against Bravado International Group Merchandising Services, Inc., which could then attempt to bring the defendants into that later action. The court rejected that argument because the same possibility could exist if the court denied voluntary dismissal and the defendants later won the case, including through summary judgment. The defendants were not entitled to more protection than they could obtain if the case proceeded to a judgment dismissing the complaint.

Disposition

Judge John P. Cronan granted the plaintiff’s motion under Rule 41(a)(2) and dismissed the complaint with prejudice. The court directed the Clerk of Court to enter judgment in favor of the defendants and close the case. Because the voluntary-dismissal motion was granted, the court did not resolve the plaintiff’s motion to amend the complaint or the defendants’ motion for summary judgment.