St. Paul's Motion To Dismiss and Order
St. Paul's Motion To Dismiss and Order
Plaintiff St. Paul’s Episcopal School (“St. Paul’s”) respectfully moves the Court, pursuant
to Fed. R. Civ. P. 41(a), 1 to enter an order dismissing the above-styled action, without prejudice,
against Defendants Alabama High School Athletic Association (“AHSAA”) and Steven P.
1. On May 24, 2018, St. Paul’s filed this civil action challenging the AHSAA’s new
“competitive balance factor” classification rule (“CBF”). Among other things, St. Paul’s
requested an award of “permanent injunctive relief prohibiting the [AHSAA] from applying the
CBF (as it is currently designed) against any private school member of the [AHSAA.]” [Doc. 1,
p. 57, at § VI(a).]
2. Yesterday, May 21, 2019, counsel for St. Paul’s received confirmation that the
AHSAA has taken official steps to amend the CBF’s current design in a manner that achieves
significant relief St. Paul’s sought to obtain in this litigation. Indeed, had the AHSAA taken this
1
Although the AHSAA has not served either an answer or a motion for summary judgment, St.
Paul’s styles this filing as a motion rather than a notice of dismissal due to the Court’s
conversion of the AHSAA’s Rule 12(b)(6) Motion to a motion for summary judgment. See Rule
41(a)(1)(A)(i).
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action when St. Paul’s petitioned the AHSAA in March of 2018, this lawsuit would not have
been filed.
significantly positive development for all member schools (private and public), the school
believes, on balance, this litigation should be terminated. 2 Accordingly, St. Paul’s submits this
motion for voluntary dismissal to prevent the parties and this Court from expending any
WHEREFORE, St. Paul’s respectfully requests that the Court enter an order dismissing
these proceedings without prejudice, 3 pursuant to Fed. R. Civ. P. 41(a), and that the Court cancel
the status hearing currently set today, May 22, 2019, at 2:00 p.m.
OF COUNSEL:
2
St. Paul’s believes that further amendments to the CBF, namely eliminating the combination of
the success test with the student multiplier, should be adopted, and, in fact, has information that
such action is being considered.
3
St. Paul’s has been advised that the amendment, which was proposed by Mr. Savarese and
adopted by the AHSAA’s Classification Committee, has been submitted for approval to the
AHSAA’s Board of Control which is scheduled to meet in less than 60 days. Accordingly, St.
Paul’s requests that this proceeding be dismissed without prejudice to allow the AHSAA time to
finalize and publish all amendments.
2
Case 1:18-cv-00241-TFM-B Document 72 Filed 05/22/19 Page 3 of 3
(251) 432-5300
(251) 432-5303 (fax)
CERTIFICATE OF SERVICE
I hereby certify that on May 22, 2019, I electronically filed the above and foregoing
document with the Clerk of Court using the CM/ECF electronic filing system which will send
notification of such filing to the following:
3
Case 1:18-cv-00241-TFM-B Document 73 Filed 05/22/19 Page 1 of 2
ORDER
Pending before the court is St. Paul’s Motion for Voluntary Dismissal, Without Prejudice
(Doc. 72, filed 5/22/19). In the motion, Plaintiff requests dismissal pursuant to Fed. R. Civ. P.
41(a). Plaintiff acknowledges that Fed. R. Civ. P. 41(a)(1)(A)(i) does not apply, but references
generally Fed. R. Civ. P. 41(a). The Court, therefore, construes the motion as one filed pursuant
Plaintiff’s claims DISMISSED without prejudice, with each party to bear their own costs.
All remaining motions are DENIED as moot and the status conference and hearing scheduled for
1
A request to dismiss an action requires a court order and dismissal by terms the court considers
“proper” if Rule 41(a)(1) does not apply. FED. R. CIV. P. 41(a)(2). Fed. R. Civ. P. 41(a)(1)(A)
allows for dismissal without a court order: (i) before the opposing party serves either an answer or
a motion for summary judgment; or (ii) if the joint stipulation of dismissal is signed by all of the
parties who have appeared. Not all of the parties who have appeared in this action have signed the
stipulation of dismissal, and Defendant IXT, LLC has filed an answer (Doc. 1-2). A plaintiff may
dismiss all claims against a defendant under Fed. R. Civ. P. 41 even if there are other defendants
in the case. Klay v. United Healthgroup, Inc., 376 F.3d 1092, 1106 (11th Cir. 2004) (“[Fed. R.
Civ. P.] 41 allows a plaintiff to dismiss all of his claims against a particular defendant . . . .”).
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s/Terry F. Moorer
TERRY F. MOORER
UNITED STATES DISTRICT JUDGE
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