Court filing

Notice — Greer's Ranch Cafe v. Guzman (SBA) (N.D. Tex.)

Filed May 19, 2021 in Greer Ranch v. SBA; one of 4 filings from this case.

What This Document Is

This is the plaintiffs' two-page Notice of Dismissal, filed May 19, 2021, the morning after the court granted their temporary restraining order (Docket Entry 11) against the RRF's race- and sex-conscious priority period.

Factual Summary

The notice states, in full substance, that plaintiffs Greer's Ranch Café and Philip Greer dismiss the action under Federal Rule of Civil Procedure 41(a)(1)(A)(i) — a voluntary dismissal available as of right before the opposing party answers or moves for summary judgment — without prejudice, with each party bearing its own costs and fees. The filing states no reason for the dismissal. It closes the case one day after Judge Reed O'Connor's order enjoined the SBA from applying the priority scheme to Greer's application and directed that it be processed as of the May 13, 2021 complaint date, and before the preliminary-injunction hearing the court had scheduled for May 24, 2021 could occur.

Key Facts

Notice of Voluntary Dismissal under Rule 41(a)(1)(A)(i), filed 2021-05-19, Docket Entry 12, Case No. 4:21-cv-00651-O (N.D. Tex., Fort Worth Division).
Dismisses the entire action without prejudice, each party bearing its own costs and fees; no reason for the dismissal is stated in the filing.
Filed the morning after the court's May 18, 2021 order granting the plaintiffs' TRO (Docket Entry 11).
Precedes the preliminary-injunction hearing the court had scheduled for May 24, 2021, which the dismissal rendered moot.
Counsel for plaintiffs: Jonathan F. Mitchell (Mitchell Law PLLC); Gene P. Hamilton (America First Legal Foundation); Robert Henneke (Texas Public Policy Foundation); Charles W. and H. Dustin Fillmore (Fillmore Law Firm).

Source Caveats

The extracted text is a clean OCR/native layer covering both pages in full, including the certificate of service.
The filing gives no explanation for the dismissal; any account of the plaintiffs' motivation would be speculation beyond what this two-page notice states, and is not asserted here.

No. 4:21-cv-00651-O · Doc. 12 · 2021-05-19 · Docket on CourtListener

Full text

Case 4:21-cv-00651-O Document 12 Filed 05/19/21            Page 1 of 2 PageID 497


             UNITED STATES DISTRICT COURT
          FOR THE NORTHERN DISTRICT OF TEXAS
                 FORT WORTH DIVISION


 Greer’s Ranch Café, et al.,

                       Plaintiffs,
                                               Case No. 4:21-cv-00651-O
 v.

 Isabella Casillas Guzman, et al.,

                       Defendants.


          NOTICE OF DISMISSAL UNDER RULE 41(a)(1)(A)(i)
      Plaintiffs Greer’s Ranch Café and Philip Greer dismiss their action under Rule
41(a)(1)(A)(i), without prejudice. Each party will bear its own costs and fees.

                                            Respectfully submitted.

                                             /s/ Jonathan F. Mitchell
 Gene P. Hamilton*                          Jonathan F. Mitchell
 Virginia Bar No. 80434                     Texas Bar No. 24075463
 Vice-President and General Counsel         Mitchell Law PLLC
 America First Legal Foundation             111 Congress Avenue, Suite 400
 300 Independence Avenue SE                 Austin, Texas 78701
 Washington, DC 20003                       (512) 686-3940 (phone)
 (202) 964-3721                             (512) 686-3941 (fax)
 gene.hamilton@aflegal.org                  jonathan@mitchell.law

 Charles W. Fillmore                        Robert Henneke
 H. Dustin Fillmore                         Texas Bar No. 24046058
 The Fillmore Law Firm, L.L.P.              Texas Public Policy Foundation
 201 Main Street, Suite 801                 901 Congress Avenue
 Fort Worth, Texas 76102                    Austin, Texas 78735
 (817) 332-2351 (phone)                     (512) 472-2700 (phone)
 (817) 870-1859 (fax)                       rhenneke@texaspolicy.com
 chad@fillmorefirm.com
 dusty@fillmorefirm.com
                                            Counsel for Plaintiffs and
 Dated: May 19, 2021                        the Proposed Class




notice of dismissal                                                          Page 1 of 2
Case 4:21-cv-00651-O Document 12 Filed 05/19/21        Page 2 of 2 PageID 498


                      CERTIFICATE OF SERVICE
    I certify that on May 19, 2021, I served this document through CM/ECF on all

counsel of record.

                                        /s/ Jonathan F. Mitchell
                                       Jonathan F. Mitchell
                                       Counsel for Plaintiffs




notice of dismissal                                                    Page 2 of 2

File and source

File: CASE_TXND_4-21-cv-00651_Greer-Ranch-v-SBA_doc12_NOTICE-OF-DISMISSAL-RULE41_2021-05-19.pdf
Size: 105,148 bytes
SHA-256: f85ffb029c138940ffa92a743effd161f958114394cc359f14b761c9c2ff96e4
Our copy: CASE_TXND_4-21-cv-00651_Greer-Ranch-v-SBA_doc12_NOTICE-OF-DISMISSAL-RULE41_2021-05-19.pdf
Original: No public link identified.