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Peters v. West Park Hospital9/17/2003
that the dismissal with prejudice prevented her from developing facts that would lengthen the limitation period under the "continuing course of treatment doctrine." There is no question that by dismissing the action with prejudice, Ms. Peters was foreclosed from pleading and proving facts that potentially could extend the limitation period.
CONCLUSION
Rule 41(a)(1) is straightforward. The language of the rule leaves little room for judicial interpretation. In ordinary civil cases, a notice of dismissal that complies with the rule ends the proceedings. The dismissal is effective immediately and no court order is required. Wilson, 111 F.3d at 692; Williams, 82 F.3d at 272; Hamilton v. ShearsonLehman American Exp., Inc., 813 F.2d 1532, 1534-35 (9th Cir. 1987).
Rule 41(a)(1) is designed to designate a time frame within which the resources of the court and the defendant have yet to be committed so that dismissal without consequence is appropriate. That time frame ends when either an answer or motion for summary judgment has been filed and served. Safeguard Business Systems, Inc., 907 F.2d at 863.
Rule 41(a)(1) is "designed to permit a disengagement of the parties at the behest of the plaintiff... in the early stages of the suit, before the defendant has expended time and effort in the preparation of his case."
Pedrina, 987 F.2d at 610 ( quoting Armstrong v. Frostie Co., 453 F.2d 914, 916 (4th Cir. 1971)).
In this matter, a Rule 41(a)(1) motion was properly filed by Ms. Peters. It is undisputed that no answer or motion for summary judgment was ever filed by the Hospital.
Given that the Rule 41(a)(1) motion was properly filed by Ms. Peters, the case was therefore rendered a nullity, as if the suit had never been filed. Williams, 82 F.3d at 273. The district court's role in the case was thus ended. This was a matter of right belonging to Ms. Peters, conferred by the Wyoming Rules of Civil Procedure, and which cannot be undone by the court. American Soccer Co., Inc., 187 F.3d at 1110.
In light of the plain language of W.R.C.P. 41(a)(1), the decision of the district court is reversed and remanded, and the above matter shall be deemed dismissed without prejudice as of October 21, 2002, the date on which Ms. Peters' motion for voluntary dismissal was filed.
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