Legal Opinion

Brooks v. State Board of Elections

District Court, S.D. Georgia

Decided June 6, 1997No. CV 288-146PublishedCited by 1 opinion

1Opinion of the Court

ORDER

EDENFIELD, District Judge.

I. INTRODUCTION

Previously, the Court directed plaintiffs to either withdraw their F.R.Civ. P. 41(a)(2) motion to dismiss or accept the “with prejudice” condition that defendants had demanded. See 3/20/97 Order at 5, 9. The Court also denied plaintiffs’ request to decertify the class, but requested additional briefing on whether F.R.Civ.P. 23 notice must be provided to the class prior to dismissal. Id. at 7-8.

II. ANALYSIS

A. Dismissal With Prejudice

While the plaintiffs have elected to accept “dismissal with prejudice,” doc. #270 at 1, they attempt to limit it…

2Cases cited11 opinions

  1. Aerotech, Inc. v. Estes IndustriesCourt of Appeals for the Tenth Circuit · 1997
  2. Teresa Barney and Randy Barney, Bonita Waldron, on Behalf of Themselves and Others Similarly Situated, Intervenor-Appellant v. Holzer Clinic, Ltd.Court of Appeals for the Sixth Circuit · 1997
  3. Dan Cantrell and Larry Holt v. International Brotherhood of Electrical Workers, Afl-Cio, Local 2021Court of Appeals for the Tenth Circuit · 1995
  4. Penson v. Terminal Transport Co.Court of Appeals for the Fifth Circuit · 1981
  5. Roberto Navarro-Ayala v. Rafael Hernandez-ColonCourt of Appeals for the First Circuit · 1991

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3Cited by1 opinion

  1. Gunn v. World Omni Financial Corp.District Court, M.D. Alabama · 1999

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