National Oilwell Varco LP v. Black Diamond Oilfield Rentals LLC

1
IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF OKLAHOMA
NATIONAL OILWELL VARCO, L.P., 	)
a Delaware limited partnership, 	)
)
Plaintiff, 	)
)
v. 	) 	Case No. CIV-24-1258-D
)
BLACK DIAMOND OILFIELD 	)
RENTALS, LLC, et al., 	)
)
Defendants. 	)
ORDER
Before the Court is the Joint Motion to Dismiss Claims Against Defendant Jackie
E. “Jack” Smith With Prejudice [Doc. No. 140], filed by Plaintiff and Mr. Smith. The Court
construes the motion as a notice filed pursuant to Fed. R. Civ. P. 41(a)(1)(A)(i), which
allows a plaintiff to “dismiss an action without a court order … before the opposing party
serves either an answer or a motion for summary judgment[.]”1 Here, at the time Plaintiff
and Mr. Smith filed their motion, Mr. Smith had not filed an answer or summary judgment
motion. Accordingly, the filing is self-executing and no further action by the Court is
required as to Mr. Smith. See De Leon v. Marcos, 659 F.3d 1276, 1283 (10th Cir. 2011)
(“A stipulation of dismissal filed under Rule 41(a)(1)(A)(i) or (ii) is self-executing and
immediately strips the district court of jurisdiction over the merits.”).
1 “Several district courts in the Tenth Circuit, as well as the majority of circuit courts, have held
that Federal Rule of [Civil] Procedure 41 may be used to dismiss all claims against one defendant
without dismissing the entire action.” Castillo v. Prater, No. CIV-23-675-D, 2023 WL 9546946,
at *13 (W.D. Okla. Dec. 8, 2023) (collecting cases), rec. adopted, No. CIV-23-675-D, 2024 WL
21801 (W.D. Okla. Jan. 2, 2024).
Case 5:24-cv-01258-D Document 145 Filed 10/10/25 Page 1 of 2

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IT IS THEREFORE ORDERED that Plaintiff’s claims against Defendant Jackie
E. “Jack” Smith are DISMISSED WITH PREJUDICE. Each side shall bear their own
fees and costs.
IT IS SO ORDERED this 10 th day of October, 2025.
TIMOTHY D. DeGIUSTI
Chief United States District Judge
Case 5:24-cv-01258-D Document 145 Filed 10/10/25 Page 2 of 2