Marcano v. Office of Personnel Management

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• holding that “a motion to dismiss is not a responsive pleading”
• noting that “[v]oluntary dismissal under Rule 41(a)(1) generally means the suit is treated as if it was never filed in the first place”
• noting that, since a dismissal under Rule 41(a)(1)(A)(i) is effective upon the plaintiff filing the notice of voluntary dismissal, a court order “granting” the voluntary dismissal is “superfluous”
• noting that “[a] voluntary dismissal filed before any responsive pleading is filed is self-executing and automatically effects dismissal of the case” and that “a motion to dismiss is not a responsive pleading”
• noting that “[a] voluntary dismissal filed before any responsive pleading is filed is self- executing and automatically effects dismissal of the case” and that “a motion to dismiss is not a responsive pleading”
• a motion to voluntarily dismiss a complaint pursuant to Rule 41(a)(1) is, despite its title, a self-executing notice of voluntary dismissal

Source: CourtListener parenthetical corpus (CC0).