Case 1:18-cv-00241-TFM-B Document 72 Filed 05/22/19 Page 1 of 3

IN THE UNITED STATES DISTRICT COURT

FOR THE SOUTHERN DISTRICT OF ALABAMA
SOUTHERN DIVISION

ST. PAUL’S EPISCOPAL SCHOOL, *

*
Plaintiff, *
*
v. * CIV. ACTION NO. 1:18-cv-00241-TFM-B
*
The ALABAMA HIGH SCHOOL *
ATHLETIC ASSOCIATION, et al., *
*
Defendants. *

ST. PAUL’S MOTION FOR VOLUNTARY DISMISSAL, WITHOUT PREJUDICE

Plaintiff St. Paul’s Episcopal School (“St. Paul’s”) respectfully moves the Court, pursuant

to Fed. R. Civ. P. 41(a), 1 to enter an order dismissing the above-styled action, without prejudice,

against Defendants Alabama High School Athletic Association (“AHSAA”) and Steven P.

Savarese. In support, St. Paul’s states as follows:

1. On May 24, 2018, St. Paul’s filed this civil action challenging the AHSAA’s new

“competitive balance factor” classification rule (“CBF”). Among other things, St. Paul’s

requested an award of “permanent injunctive relief prohibiting the [AHSAA] from applying the

CBF (as it is currently designed) against any private school member of the [AHSAA.]” [Doc. 1,

p. 57, at § VI(a).]

2. Yesterday, May 21, 2019, counsel for St. Paul’s received confirmation that the

AHSAA has taken official steps to amend the CBF’s current design in a manner that achieves

significant relief St. Paul’s sought to obtain in this litigation. Indeed, had the AHSAA taken this

1
Although the AHSAA has not served either an answer or a motion for summary judgment, St.
Paul’s styles this filing as a motion rather than a notice of dismissal due to the Court’s
conversion of the AHSAA’s Rule 12(b)(6) Motion to a motion for summary judgment. See Rule
41(a)(1)(A)(i).
 Case 1:18-cv-00241-TFM-B Document 72 Filed 05/22/19 Page 2 of 3

action when St. Paul’s petitioned the AHSAA in March of 2018, this lawsuit would not have

been filed.

3. In light of the AHSAA’s recent action, which St. Paul’s applauds as a

significantly positive development for all member schools (private and public), the school

believes, on balance, this litigation should be terminated. 2 Accordingly, St. Paul’s submits this

motion for voluntary dismissal to prevent the parties and this Court from expending any

additional and unnecessary resources.

WHEREFORE, St. Paul’s respectfully requests that the Court enter an order dismissing

these proceedings without prejudice, 3 pursuant to Fed. R. Civ. P. 41(a), and that the Court cancel

the status hearing currently set today, May 22, 2019, at 2:00 p.m.

Respectfully submitted this 22nd day of May, 2019.

/s/ Russel Myles

RUSSEL MYLES
rmyles@mcdowellknight.com
T. HART BENTON, III
tbenton@mcdowellknight.com
Attorneys for St. Paul’s Episcopal School

OF COUNSEL:

MCDOWELL KNIGHT ROEDDER

& SLEDGE, LLC
11 North Water St., Ste. 13290
Mobile, Alabama 36602

2
St. Paul’s believes that further amendments to the CBF, namely eliminating the combination of
the success test with the student multiplier, should be adopted, and, in fact, has information that
such action is being considered.
3
St. Paul’s has been advised that the amendment, which was proposed by Mr. Savarese and
adopted by the AHSAA’s Classification Committee, has been submitted for approval to the
AHSAA’s Board of Control which is scheduled to meet in less than 60 days. Accordingly, St.
Paul’s requests that this proceeding be dismissed without prejudice to allow the AHSAA time to
finalize and publish all amendments.
2
 Case 1:18-cv-00241-TFM-B Document 72 Filed 05/22/19 Page 3 of 3

(251) 432-5300
(251) 432-5303 (fax)

CERTIFICATE OF SERVICE

I hereby certify that on May 22, 2019, I electronically filed the above and foregoing
document with the Clerk of Court using the CM/ECF electronic filing system which will send
notification of such filing to the following:

James E. Williams, Esq.

C. Mark Bain, Esq.
MELTON, ESPY & WILLIAMS, P.C.
P. O. Drawer 5130
Montgomery, AL 36103-5130
(334) 263-6621 / Fax: (334) 269-9515

Cooper C. Thurber, Esq.

William E. Shreve, Jr., Esq.
PHELPS DUNBAR, LLP
101 Dauphin Street, Suite 1000
Mobile, AL 36602
(251) 432-4481 / FAX: (251) 433-1820

/s/ Russel Myles

3
 Case 1:18-cv-00241-TFM-B Document 73 Filed 05/22/19 Page 1 of 2

IN THE UNITED STATES DISTRICT COURT

FOR THE SOUTHERN DISTRICT OF ALABAMA
SOUTHERN DIVISION

ST. PAUL’S EPISCOPAL SCHOOL, )

)
Plaintiff, )
)
v. ) CIVIL ACT. NO. 1:18-cv-241-TFM-B
)
THE ALABAMA HIGH SCHOOL )
ATHLETIC ASSOCIATION, et al., )
)
Defendants. )

ORDER

Pending before the court is St. Paul’s Motion for Voluntary Dismissal, Without Prejudice

(Doc. 72, filed 5/22/19). In the motion, Plaintiff requests dismissal pursuant to Fed. R. Civ. P.

41(a). Plaintiff acknowledges that Fed. R. Civ. P. 41(a)(1)(A)(i) does not apply, but references

generally Fed. R. Civ. P. 41(a). The Court, therefore, construes the motion as one filed pursuant

to Fed. R. Civ. P. 41(a)(2).1 Upon consideration of the motion, it is ORDERED it is GRANTED.

Plaintiff’s claims DISMISSED without prejudice, with each party to bear their own costs.

All remaining motions are DENIED as moot and the status conference and hearing scheduled for

this afternoon, May 22, 2019 at 2:00 p.m. is hereby CANCELLED.

1
A request to dismiss an action requires a court order and dismissal by terms the court considers
“proper” if Rule 41(a)(1) does not apply. FED. R. CIV. P. 41(a)(2). Fed. R. Civ. P. 41(a)(1)(A)
allows for dismissal without a court order: (i) before the opposing party serves either an answer or
a motion for summary judgment; or (ii) if the joint stipulation of dismissal is signed by all of the
parties who have appeared. Not all of the parties who have appeared in this action have signed the
stipulation of dismissal, and Defendant IXT, LLC has filed an answer (Doc. 1-2). A plaintiff may
dismiss all claims against a defendant under Fed. R. Civ. P. 41 even if there are other defendants
in the case. Klay v. United Healthgroup, Inc., 376 F.3d 1092, 1106 (11th Cir. 2004) (“[Fed. R.
Civ. P.] 41 allows a plaintiff to dismiss all of his claims against a particular defendant . . . .”).

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Case 1:18-cv-00241-TFM-B Document 73 Filed 05/22/19 Page 2 of 2

DONE and ORDERED this the 22nd day of May 2019.

s/Terry F. Moorer
TERRY F. MOORER
UNITED STATES DISTRICT JUDGE

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