Waetzig v. Halliburton Energy Services, Inc.

Justia · Docket · oyez.org

Argued on Jan 14, 2025.

Petitioner: Gary Waetzig.
Respondent: Halliburton Energy Services, Inc.

Advocates:

• Vincent Levy (for the Petitioner)

Facts of the case (from oyez.org)

In February 2020, Gary Waetzig sued his former employer Halliburton for age discrimination but voluntarily dismissed his suit without prejudice due to a contractual obligation to arbitrate. After an arbitrator granted summary judgment to Halliburton, Waetzig returned to federal court. Instead of filing a new complaint under the Federal Arbitration Act, he moved to reopen his original case and vacate the arbitration award. The district court agreed to reopen the case using Rule 60(b), citing Mr. Waetzig’s mistaken dismissal and an intervening Supreme Court case that affected his ability to refile. The court then vacated the arbitrator’s order, finding the arbitrator had exceeded her powers, and remanded for further proceedings before a new arbitrator. The U.S. Court of Appeals for the Tenth Circuit reversed, concluding that the Waetzig’s voluntary dismissal without prejudice was not a “final proceeding” within the meaning of Rule 60(b).

Question

Is a voluntary dismissal without prejudice under Federal Rule of Civil Procedure 41 a “final judgment, order, or proceeding” under Federal Rule 60(b)?