(a) Whenever a case is settled, resolved or otherwise disposed of out of Court, counsel
for all parties shall immediately give notice by telephone call and/or email to the
Court and Clerk and shall promptly file a notice of settlement.
(b) Compliance with this Rule does not relieve the parties of the obligation to comply
with Fed. R. Civ. P. 41(a)(1)(A). Upon filing the notice described in section (a), the
parties shall promptly file either a notice of dismissal pursuant to Rule 41(a)(1)(A)(i)
or a stipulation of dismissal pursuant to Rule 41(a)(1)(A)(ii). The parties shall also
submit in MS Word format a proposed Agreed Order of Dismissal to the ECF
mailbox only (not the regular e-mail address) of the Presiding Judge. If the parties fail
to comply with this rule within 28 days of the filing of the notice, the Court may, in
its discretion, enter an order dismissing the action.
Comment: The Standing Local Rules Committee calls attention to Tennessee’s
savings statute, which governs a plaintiff’s right to recommence an action under
certain circumstances following a “judgment or decree . . . rendered against the
plaintiff.” Tenn. Code Ann. § 28-1-105; see also Tenn. R. Civ. P. 41.01(3) (“A
voluntary nonsuit to dismiss an action without prejudice must be followed by an order
of voluntary dismissal signed by the court and entered by the clerk. The date of entry
of the order will govern the running of pertinent time periods.”). But see, e.g., Ganley
v. Mazda Motor of Am., Inc., 367 F. App’x 616, 623 n.2 (6th Cir. 2010) (discussing
“the widespread agreement among the federal courts of appeals that orders issued
after a plaintiff has voluntarily dismissed his complaint pursuant to Federal Rule of
Civil Procedure 41(a) are void”).
(c) Consequences of Late Notice in Civil Cases. Unless the Clerk’s office is notified that
a case has been resolved by 1:00 p.m. on the last full business day prior to the date
the trial is scheduled, all costs incurred in having jurors report for service in
connection with the case may be assessed by the court equally between the parties, or
against one of the parties if it appears that the party was responsible for failure to give
the required notice to the Clerk. The Clerk or Deputy Clerk receiving such notice
orally or in writing shall immediately record on the docket sheet the notice and the
date and time of receipt and initial the entry.
Page 46 of 51
CRIMINAL
