Timothy S. Hamilton v. Shearson-Lehman American Express, Inc., a Delaware Corporation, Van Ridgeway, Charles Hilton, and Robert Chandler
Opinion
Opinion
Marquez, J.
Hamilton appeals the District Court’s order which denied him the right to voluntarily dismiss his complaint under Rule 41(a)(l)(i), Fed.R.Civ.P. Hamilton contends the rule confers an absolute right upon a plaintiff to dismiss an action by filing a notice of dismissal prior to an answer or a motion for summary judgment. We agree and reverse the order of the District Court.
A. Procedural History
Hamilton filed his complaint in the District Court of the Southern District of California on August 23, 1984. On September 18, 1984, the parties entered into a stipulation stating Defendants were not required to file an answer if a pending Motion to Compel Arbitration was granted. On October 29, 1984, after a hearing, the District Court granted the Motion to Compel Arbitration. On November 29, 1984, a formal order was entered compelling arbitration and staying the proceedings.
On December 10, 1984, Hamilton filed a reparations complaint with the Commodities Futures Trading Commission (CFTC). The CFTC complaint was dismissed on June 15,1985, as a parallel federal proceeding.
Hamilton next tried to have the proceedings in District Court dismissed so he could refile his reparations…