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Motor Vehicle Prod. Liability | California Central
Reply (Motion related)
REPLY in support of MOTION for Order 2017 filed by Movant Patrice Brown. (Attorney Ashlea G. Schwarz added to party Patrice Brown(pty:mov))(Schwarz, Ashlea)
Insurance | Illinois Central
Order on Motion to Dismiss ~Util - Set/Reset Deadlines
TEXT ORDER entered by Judge Jonathan E. Hawley on 9/8/26. The Court has reviewed the Plaintiff's 9 Motion to Dismiss Pursuant to Stipulation which seeks to dismiss a Defendant, The McLean County Center for Human Services, Inc., with prejudice and without costs by joint stipulation. While FRCP 41(a)(1)(A)(ii) allows a Plaintiff to voluntarily dismiss an action by joint stipulation, the Seventh Circuit interprets action to mean the entire case, not a single party or claim that is less than the entire case. See Taylor v. Brown, 787 F.3d 851, 857 (7th Cir. 2015) (citing Berthold Types Ltd. v. Adobe Sys. Inc., 242 F.3d 772, 777 (7th Cir. 2001)) (Rule 41(a) does not speak of dismissing one claim in a suit; it speaks of dismissing an actionwhich is to say, the whole case.). Simply put, a Plaintiff cannot use a joint stipulation of dismissal to dismiss one defendant in a multi-defendant suit. Rather, the Plaintiff should file an Amended Complaint pursuant to FRCP 15. Plaintiffs 9 Motion to Dismiss Pursuant to Stipulation is DENIED. Plaintiff has 14 days to file an Amended Complaint. (MSH)
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