National Oilwell Varco LP v. Black Diamond Oilfield Rentals LLC

Opinion

IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF OKLAHOMA

NATIONAL OILWELL VARCO, L.P., ) a Delaware limited partnership, ) ) Plaintiff, ) ) v. ) Case No. CIV-24-1258-D ) BLACK DIAMOND OILFIELD ) RENTALS, LLC, et al., ) ) Defendants. )

ORDER Before the Court is the Joint Motion to Dismiss Claims Against Defendant Jackie E. “Jack” Smith With Prejudice [Doc. No. 140], filed by Plaintiff and Mr. Smith. The Court construes the motion as a notice filed pursuant to Fed. R. Civ. P. 41(a)(1)(A)(i), which allows a plaintiff to “dismiss an action without a court order … before the opposing party serves either an answer or a motion for summary judgment[.]”1 Here, at the time Plaintiff and Mr. Smith filed their motion, Mr. Smith had not filed an answer or summary judgment motion. Accordingly, the filing is self-executing and no further action by the Court is required as to Mr. Smith. See De Leon v. Marcos, 659 F.3d 1276, 1283 (10th Cir. 2011) (“A stipulation of dismissal filed under Rule 41(a)(1)(A)(i) or (ii) is self-executing and immediately strips the district court of jurisdiction over the merits.”).

1 “Several district courts in the Tenth Circuit, as well as the majority of circuit courts, have held that Federal Rule of [Civil] Procedure 41 may be used to dismiss all claims against one defendant without dismissing the entire action.” Castillo v. Prater, No. CIV-23-675-D, 2023 WL 9546946, at *13 (W.D. Okla. Dec. 8, 2023) (collecting cases), rec. adopted, No. CIV-23-675-D, 2024 WL 21801 (W.D. Okla. Jan. 2, 2024). IT IS THEREFORE ORDERED that Plaintiffs claims against Defendant Jackie E. “Jack” Smith are DISMISSED WITH PREJUDICE. Each side shall bear their own fees and costs. IT IS SO ORDERED this 10 day of October, 2025.

\ ty Q □□□ TIMOTHY D. DeGIUSTI Chief United States District Judge