Shannon Simmons v. Futo's, Inc.

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[DO NOT PUBLISH]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
____________________
No. 23-12046
Non-Argument Calendar
____________________
SHANNON SIMMONS,
ERANUS ROBERSON,
Plaintiffs-Appellants,
versus
FUTO'S, INC.,
NOMAN RASHID,
Defendants-Appellees.
____________________
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
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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).