[DO NOT PUBLISH]
IN THE UNITED STATES COURT OF APPEALS
FOR THE ELEVENTH CIRCUIT FILED
________________________ U.S. COURT OF APPEALS
ELEVENTH CIRCUIT
No. 05-15375 FEBRUARY 10, 2006
Non-Argument Calendar THOMAS K. KAHN
________________________ CLERK
D. C. Docket No. 04-03116-CV-TWT-1
V. STEPHEN MOORE, individually and
on behalf of all others similarly situated,
Plaintiff-Appellant,
versus
ACCENTURE, LLP,
ACCENTURE UNITED STATES GROUP MEDICAL PLAN,
ACCENTURE UNITED STATES GROUP DENTAL PLAN,
ACCENTURE UNITED STATES BASIC LIFE/ACCIDENTAL
DEATH & DISMEMBERMENT INSURANCE PLAN,
ACCENTURE UNITED STATES OPTIONAL LIFE INSURANCE
PLAN,
ACCENTURE UNITED STATES OPTIONAL ACCIDENTAL DEATH
& DISMEMBERMENT INSURANCE PLAN,
Defendants-Appellees.
________________________
Appeal from the United States District Court
for the Northern District of Georgia
_________________________
(February 10, 2006)
Before CARNES, PRYOR and HILL, Circuit Judges.
PER CURIAM:
V. Stephen Moore filed his original complaint seeking relief from
defendants’ new leave policy on October 25, 2004. He styled it as a class action,
but never moved for nor was it ever certified as such. Nor was the original
complaint ever served on any of the defendants.
On December 8, 2004, Moore filed a Notice of Voluntary Dismissal
pursuant to Fed. R. Civ. P. 41(1)(a)(i). According to Moore’s Initial Brief on
appeal, he sought voluntary dismissal “in order to gain time to more properly
represent the class through negotiated settlement rather than litigation.”
On December 9, 2004, Moore states that he was notified by the defendants
that they had changed their leave policy. Subsequently, he filed a motion seeking
attorneys’ fees, costs and for discovery in the dismissed case, arguing that he was a
prevailing party. The district court denied the motion, holding that Moore had
voluntarily dismissed the action before he obtained any relief for himself or the
putative class.
Our review of the briefs and the record support the conclusion of the district
court, and finding no reversible error, the denial if the motion is
AFFIRMED.
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