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Civil Rights: Accommodations | Illinois Central
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TEXT ORDER: On 09/04/2026, Plaintiff filed a 66 Joint Stipulation for Dismissal pursuant to Fed. R. Civ. P. 41(a)(1) stating that it is agreed that the action should be dismissed as it pertains to the following Defendants: Landmark Apartment Associates, Ross Financial Services, Inc., Cris Barnett, Tiffany Boone, Laura Boone, Daniel Pozos, Brad Hidden, and Tommy Lacock and is signed by the attorneys for these parties. The Stipulation further stated only Count III of the Amended Complaint alleging conversion against Defendant Melody Barnett remains. Pursuant to Rule 41(a)(1)(A)(ii), the plaintiff may dismiss an action without a court order by filing a stipulation of dismissal signed by all parties who have appeared. Defendant Barnett has not appeared and default has been entered against her. (D. 58). Rule 41(a), however, permits dismissing an entire action under specific circumstances rather than specific claims against particular defendants. See Taylor v. Brown, 787 F.3d 851, 85758 (7th Cir. 2015) (finding that Rule 41 dismissals are limited to the dismissal of "actions," not "parties" or "claims," and that Rule 15 should be used to file an amended complaint if parties or claims are dropped). While this Court acknowledges the intent of Rule 41(a), it finds that dismissing the Defendants who have signed the Stipulation, rather than ordering Plaintiff to amend her complaint, is in the interest of judicial economy considering the posture of this. Therefore, Defendants Landmark Apartment Associates, Ross Financial Services, Inc., Cris Barnett, Tiffany Boone, Laura Boone, Daniel Pozos, Brad Hidden, and Tommy Lacock are DISMISSED with PREJUDICE. Plaintiff is further ORDERED to file a motion for entry of default judgment against Defendant Melody Barnett within thirty days of entry of this Order. Entered by Judge Michael M. Mihm on 09/10/2026. (MSH)
Stipulation of Dismissal
STIPULATION of Dismissal for all Defendants except Melody Barnett by Joyce Ann Jefferson. (Waters, Kerrianne)
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