“In a multiple defendant case, it is permissible to voluntarily dismiss just some of the defendants.”
How later courts described this case
- “In a multiple defendant case, it is permissible to voluntarily dismiss just some of the defendants.”
Written by the judges who cited it.
The opinion
IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ILLINOIS
DEMETRIUS ROSS, on behalf of himself )
and all others similarly situated, et al., )
)
Plaintiffs, )
) Case No. 15-CV-309-SMY-MAB
vs. )
)
GREG GOSSETT, et al, )
)
Defendants. )
MEMORANDUM AND ORDER
YANDLE, District Judge:
Pending before the Court is Plaintiffs’ Motion to Dismiss Certain Defendants (Doc. 501).
Plaintiffs seek to dismiss without prejudice claims against Defendants who may not have been
present during the relevant time period set forth in the Second Amended Complaint (Doc. 197).
Defendants have not responded to the motion.
Federal Rule of Civil Procedure 41 allows for voluntary dismissals under certain
circumstances, but the rule is circumscribed to dismissals of “actions,” not “parties” or “claims,”
meaning that the rule should not be used to cleave away one claim or one party from a larger case.
(Doc. 34); See Taylor v. Brown, 787 F.3d 851, 857-58 (7th Cir. 2015). While the Court
acknowledges the plain reading of the rule, given the number of defendants in this case, it finds
that dismissing the defendants identified in the Motion is appropriate in this case. See Madsen v.
Park City, 6 F. Supp. 2d 938, 943 (N.D. Ill. 1998) (“In a multiple defendant case, it is permissible
to voluntarily dismiss just some of the defendants.”). Accordingly, the Motion is GRANTED and
The following Defendants are DISMISSED without prejudice:
Richard Harrington Jason Migneron Michael Samuel
Rodney Brady Jason Morris George Welborn
Brendan Ankrom Wendy Parks Tony Payne, Jr.
Stephanie Beasley Gary Perkins Michael Monje
Robert Blackwell Brandon Richey Tracy Lee
Mark Bower Minh Scott John Carter
Kyle Brooks Eric Shelton Louis Browder
Christopher Cales Mitch Simmons Ventures Jackson
Aaron Campbell Sam Taylor Denise Minor
James Cissell Andrew Volk Daniel Sullivan
Josh Curry Rene Waters Jack Townely
Samuel Dillon James Best Jeffrey Julius
Justin Dircks Kent Brookman Richard Lynch
Bryan Easton John Tourville Michael Durbin
M. Fluder Kevin Reichert Charles Hayden
Justin Hammers Beau Purtle James Studer
Kevin Hirch Patrick Trokey Eric Welsh
Shayne Howell Raymond Allen Randall Bayler
Michael Jones James Powell Leif McCarthy
Tyler Jones John Mich Chad Ray
John Koch Roger Waller Earl Dixon
Alexander Lockhart John Hoffman Alan Dallas
Raymond Groves Martin Buchner
These defendants are dismissed without prejudice from this matter only and not as to any of the
twenty consolidated cases.
IT IS SO ORDERED.
DATED: August 21, 2019 Noe kt
STACI M. YANDLE
United States District Judge
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