Marques v. Federal Reserve Bank of Chicago
United States Court of Appeals for the Seventh Circuit
286 F.3d 1014 (7th Cir. 2002)
Plaintiffs sued the Federal Reserve Bank of Chicago and others, seeking nearly $100 billion based on facially fraudulent bearer bonds purportedly issued in 1934; the plaintiffs moved for voluntary dismissal under FRCP 41(a)(1) the same day the bank filed a 12(b)(6) motion (accompanied by supporting materials, though not converted to summary judgment until later), and it was unclear which document was actually filed first. The district judge declined to resolve which was filed first, reasoning it made no difference since both were filed the same day, and denied the plaintiffs' dismissal motion.
Whether a plaintiff's motion for voluntary dismissal must be granted if the defendant cannot prove that it first filed an answer or motion for summary judgment.