Black v. Atlas Field Services, LLC

Background

A prior order denied Barry Black leave to file an entirely new complaint that would have removed the earlier putative class claims and added a California Private Attorneys General Act claim. The prior order cited Black’s stated strategic motive, prejudice to the defendants, and delay in seeking amendment.

Motion and Parties’ Positions

Black moved under Federal Rule of Civil Procedure 41 to dismiss the action without prejudice, which would generally allow refiling. He argued that the class claims were covered by an alleged arbitration agreement. He also stated that, after the court denied his request to add the Private Attorneys General Act claim, he filed that claim in state court and it was not removable under any theory of federal subject-matter jurisdiction.

Atlas Field Services, LLC, and Craig Taylor opposed the motion only to the extent Black requested dismissal without prejudice. The court explained that Rule 41(a)(2), rather than the provision governing stipulated dismissals, applies when a plaintiff seeks dismissal without a stipulation and requires a court order on terms the court considers proper.

Ruling

Judge William Alsup granted Black’s request to dismiss the action. The court stated that Black had identified no proper basis that could warrant refiling and therefore dismissed the action with prejudice. The court stated that judgment would be entered accordingly. It also decided the motion on the written submissions without oral argument and vacated the October 12, 2023 hearing.