Can you dismiss a complaint simply by filing a notice even after the court has granted a motion to dismiss? Yes, the Third Circuit held today — at least where the defendants haven’t answered, the plaintiffs haven’t dismissed a similar case before, and the district court’s order granting dismissal also allowed the plaintiffs a chance to replead and didn’t convert a motion to dismiss to a motion for summary judgment. The court explained that in those circumstances Rule 41(a)(1)(A)(i) operates to effect dismissal automatically upon the filing of a notice. In re Bath and Kitchen Fixtures Antitrust Litig., No. 07-1520 (3d Cir. July 28, 2008).
