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Continental Mills Inc.
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Notice | Filed: May 30, 2024 | Entered: May 30, 2024 Neubauer v. Red Lobster Hospitality LLC et al
Other Fraud | Illinois Southern
Notice of Appearance
NOTICE of Appearance by Stuart L. Cochran on behalf of Cassandra Neubauer (Cochran, Stuart)
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Complaint | Filed: May 29, 2024 | Entered: May 29, 2024 Neubauer v. Red Lobster Hospitality LLC et al
Other Fraud | Illinois Southern
Amended Complaint
AMENDED COMPLAINT against Continental Mills, Inc., filed by Cassandra Neubauer.(Armstrong, Matthew)
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Order | Filed: May 21, 2024 | Entered: May 21, 2024 Neubauer v. Red Lobster Hospitality LLC et al
Other Fraud | Illinois Southern
Order ~Util - Set Deadlines 1 - Terminate Deadlines
ORDER re 19 Notice of Voluntary Dismissal by Cassandra Neubauer. Plaintiff seeks to dismiss one of the defendants in this case, Red Lobster Hospitality LLC, from this action pursuant to Federal Rule of Civil Procedure 41(a)(1)(A)(i), still proceeding against the other defendant, Continental Mills, Inc. A plain reading of Federal Rule of Civil Procedure 41(a) suggests that dismissal under this rule should be used only to dismiss an entire action (rather than a particular claim against a particular party). See Taylor v. Brown, 787 F.3d 851, 857 (7th Cir. 2015) (Rule 41(a) is "limited to dismissal of an entire action" and Rule 15(a) is the proper vehicle for "adding or dropping parties and claims"). Because of the early procedural posture of this case, the Court finds that amendment of the complaint is the proper vehicle to dismiss Defendant Red Lobster Hospitality LLC from the case. The Court GRANTS leave to Plaintiff to file an amended complaint on or before June 4, 2024. (Amended Pleadings due by 6/4/2024.) The remaining defendant(s) shall file a responsive pleading within 14 days of the amended complaint being filed. Signed by Chief Judge Nancy J. Rosenstengel on 5/21/2024. (kss) THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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