Community Rehabilitation Center, Inc. v. Sissine Office Systems, Inc.

Opinion

UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA JACKSONVILLE DIVISION

COMMUNITY REHABILITATION CENTER, INC.,

Plaintiff/Counter-Defendant,

vs. Case No. 3:25-cv-1169-MMH-PDB

SISSINE OFFICE SYSTEMS, INC.,

Defendant/Counter-Plaintiff. /

ORDER THIS CAUSE is before the Court sua sponte. On March 6, 2026, Plaintiff filed a Notice of Voluntary Dismissal of Counts III, IV, V, and VI Without Prejudice (Doc. 38; Notice), purporting to voluntarily dismiss all of its claims pending before the Court. See Notice ¶¶ 1, 4. Plaintiff represents that Defendant does not oppose the relief requested in the Notice. See id. ¶ 3. However, the Notice fails to comply with the Federal Rules of Civil Procedure (Rule(s)). And, even construing the Notice as a motion, the dismissal of this action is complicated by Defendant’s pending counterclaim. Accordingly, the Court will (1) direct Defendant to file a notice stating whether it objects to the dismissal of this action, including its counterclaim, without prejudice, and (2) provide a deadline for the filing of a response if Defendant objects. Rule 41(a)(1) provides that, generally, a plaintiff may voluntarily dismiss an action without a court order by filing a notice of dismissal before the

defendant serves an answer or motion for summary judgment. Rule 41(a)(1)(A) (emphasis added). Once the defendant serves an answer or motion for summary judgment, Rule 41(a)(2) governs a plaintiff's ability to voluntarily dismiss an action without prejudice. See Rule 41(a)(1)–(2); see also Pontenberg v. Boston

Scientific Corp., 252 F.3d 1253, 1255 (11th Cir. 2001). Specifically, Rule 41(a)(2) permits a plaintiff to voluntarily dismiss an action without prejudice only “by court order, on terms that the court considers proper.” Rule 41(a)(2) (emphasis added). This dismissal is without prejudice unless otherwise specified in the

order of dismissal. See id.; see also Pontenberg, 252 F.3d at 1255. However, “[i]f the defendant has pleaded a counterclaim before being served with the plaintiff’s motion to dismiss, the action may be dismissed over the defendant’s objection only if the counterclaim can remain pending for independent

adjudication.” Rule 41(a)(2). In the Notice, Plaintiff incorrectly “submit[s] that no further order of the Court is required currently.” See Notice ¶ 5. But Defendant has already served an answer. See Answer, Affirmative Defenses, and Counterclaim (Doc. 9;

Answer and Counterclaim), filed October 7, 2025. Therefore, Plaintiff may only voluntarily dismiss this action by court order. See Rule 41(a)(1)–(2). And, because Defendant has pleaded a counterclaim, see Answer and Counterclaim at 21-24, this action may only be dismissed over Defendant’s objection “if the counterclaim can remain pending for independent adjudication,” see Rule 41(a)(2), or if Defendant agrees to the voluntary dismissal of the entire action, including the counterclaim. As such, the Court will order Defendant to file a notice indicating whether it objects to the dismissal of this action, including its pending counterclaim, without prejudice. The Court will also provide a deadline for Defendant to file a response to Plaintiff's Notice if it objects. Accordingly, it is ORDERED:

1. On or before March 18, 2026, Defendant shall file a notice on the docket indicating whether it objects to the dismissal of this action, including its pending counterclaim, without prejudice. 2. If Defendant objects to the dismissal of this action without prejudice, Defendant shall have up to and including March 27, 2026, to file a

response to Plaintiffs Notice.

DONE AND ORDERED in Jacksonville, Florida this 12th day of March, 2026.

MARCIA MORALES HOWARD United States District Judge

Lc35 Copies to: Counsel of Record