You seem to be really confused here. Let me break it down for you.
There are two lawsuits.
The first was settled in 2010, by Judge Bates. He held that Al-Alwaki's father had no standing because Al-Alwaki could surrender to US authorities and pursue the case himself. He therefore dismissed it for lack of standing. Al-Alwaki was in fact still alive at this time - he wasn't killed until late 2011.
The second suit was settled in 2014, by Judge Collyer. The reasoning for her decision (Bivens) I've posted above.