The opinion of the court was delivered by: Seybert, District Judge
On July 29, 2009, Plaintiffs commenced this civil rights action pursuant to 42 U.S.C. § 1983. At the time of the commencement, L.A.F., a minor child, was a party to the action. On October 17, 2009, this Court issued a Memorandum and Order ("October Order") holding that William E. Farber and Mary Farber (collectively, "Mr. and Mrs. Farber"), as non-attorneys, could not represent their minor children, and noting that minor children may not proceed pro se. Accordingly, the Court directed Mr. and Mrs. Farber to either obtain counsel for any minor Plaintiffs or file a motion for appointment of counsel for such parties. The Court noted that any non-minor child wishing to proceed pro se must sign the Complaint, and warned that it would dismiss the Complaint as to any minor children if Plaintiffs failed to comply by December 11, 2009.
On November 2, 2009, Plaintiffs filed their current letter application. In that motion, Plaintiffs seek to (1) voluntarily dismiss the claims of minor L.A.F., (2) maintain the sealed status of this action, and (3) amend the Complaint. All told, Plaintiffs' application consists of one page, and does not contain a memorandum of law in support of any motion, nor does it contain a Proposed Amended Complaint. In response, Defendants opposed the second and third applications and gave no indication as to whether they consented to dismissal of L.A.F.'s claims. Finally, by a letter dated November 25, 2009, Defendants consented to the withdrawal of L.A.F.'s claims.
For a more detailed discussion of the factual background of this case, see the Court's October Order.
I. Voluntary Dismissal of L.A.F.'s Claims
Rule 41 provides in relevant part:
(A) Without a Court Order. Subject to Rules 23(e), 23.1(c), 23.2, and 66 and any applicable federal statute, the plaintiff may dismiss an action without a court order by filing:
(i) a notice of dismissal before the opposing party serves either an answer or a motion for summary judgment; or
(ii) a stipulation of dismissal signed by all parties who have appeared.
(B) Effect. Unless the notice or stipulation states otherwise, the dismissal is without prejudice. But if the plaintiff previously dismissed any federal-or state-court action based on or including the same claim, a ...