Shannon Simmons v. Futo's, Inc.

U.S. Court of Appeals for the Eleventh Circuit

Shannon Simmons v. Futo's, Inc.

Opinion

USCA11 Case: 23-12046 Document: 21-1 Date Filed: 12/26/2023 Page: 1 of 2

[DO NOT PUBLISH] In the United States Court of Appeals For the Eleventh Circuit

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No. 23-12046 Non-Argument Calendar ____________________

SHANNON SIMMONS, ERANUS ROBERSON, Plaintiffs-Appellants, versus FUTO'S, INC., NOMAN RASHID,

Defendants-Appellees.

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Appeal from the United States District Court for the Northern District of Georgia USCA11 Case: 23-12046 Document: 21-1 Date Filed: 12/26/2023 Page: 2 of 2

2 Opinion of the Court 23-12046

D.C. Docket No. 1:21-cv-03591-TWT ____________________

Before JILL PRYOR, BRANCH, and LAGOA, Circuit Judges. PER CURIAM: Upon our review of the record and the parties’ responses to the jurisdictional questions, this appeal is DISMISSED for lack of jurisdiction. The August 10, 2022 joint stipulation of voluntary dis- missal was ineffective to dismiss Appellants’ claims against Steve and Charles Futo because it was not signed by all parties that had appeared in the litigation. See Fed. R. Civ. P. 41(a)(1)(A)(ii); City of Jacksonville v. Jacksonville Hosp. Holdings, L.P., 82 F.4th 1031, 1038 (11th Cir. 2023). The stipulation was signed only by counsel for the respective parties to the dismissal, and was not signed by counsel for Appellees. Accordingly, the purportedly-dismissed claims re- main pending before the district court, and we thus lack jurisdic- tion to consider this appeal. See 28 U.S.C. § 1291; Supreme Fuels Trading FZE v. Sargeant, 689 F.3d 1244, 1246 (11th Cir. 2012).

Reference

Status
Unpublished