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First Media Group Inc. v. Doe

Because the plaintiff did not have actual notice of the trial court's intended disposition of the defendant's summary judgment motion, she was entitled to voluntarily dismiss her complaint.

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First Media Group “FMG” appeals an order in which the trial court declined to set aside Jane Doe’s voluntary dismissal of her lawsuit, which occurred after Doe became aware that the court requested FMG to draft a proposed order granting its motion for summary judgment. The trial court permitted the voluntary dismissal over FMG’s objection upon concluding that Doe did not have actual notice of the trial court’s intended disposition of FMG’s summary-judgment motion prior to dismissing the complaint. For the reasons noted infra , we affirm. The underlying facts are largely undisputed. Jane Doe sued FMG on behalf of her minor daughter, Julie Doe, who was allegedly raped by a customer of FMG’s “Quest Personals” telephone system, which Julie had joined. FMG moved for summary judgment on Doe’s claims, and the trial court conducted a hearing on the motion.

At some point following the hearing, the trial judge’s law clerk telephoned FMG’s counsel to request that FMG draft a proposed order granting summary judgment in its favor. No similar request was made of Doe or her counsel.

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