In Waetzig v. Halliburton Energy Services, 2023 U.S. App. LEXIS 23948, — F.4th – (10th Cir. Sept. 11, 2023), the circuit court reversed a district court’s order relying on Fed. R. Civ. P. 60(b) to reopen a case that had been voluntarily dismissed without prejudice under Fed. R. Civ. P. 41(a). A split panel held that “a court cannot set aside a voluntary dismissal without prejudice because it is not a final judgment, order or proceeding.”
Factual and Procedural Background
Plaintiff Gary Waetzig originally sued his former employer, Halliburton Energy Services (Halliburton), for age discrimination in the District of Colorado. Because Waetzig’s contract with Halliburton had an arbitration provision, he voluntarily dismissed his federal lawsuit under Rule 41(a).
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