Opinion

Newton Partners, LP v. Fundi Fuels, LLC

Court
District Court, S.D. Illinois
Filed
Oct 9, 2019
Cited by
0 cases
Authority
More cited than 21.1%

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”

How later courts described this case

  • 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”

Written by the judges who cited it.

The opinion

IN THE UNITED STATES DISTRICT COURT

FOR THE SOUTHERN DISTRICT OF ILLINOIS

NEWTON PARTNERS, LP, )

)

Plaintiff, )

) No. 19-cv-477-SMY-MAB

vs. )

)

FUNDI FUELS, LLC, BRANDON D. PHILLIPS )

LIVING TRUST DATED AUGUST 8, 2005, and )

UNKNOWN OWNERS AND NON-RECORD _ )

CLAIMANTS, )

)

Defendants. )

MEMORANDUM AND ORDER

Plaintiff Newton Partners, LP and Defendant Brandon D. Phillips Living Trust Dated

August 8, 2005 (“Trust”), as the only parties that have appeared in the case to date, have filed a

Stipulation for Dismissal with prejudice (Doc. 16) under Rule 41(a)(1)(A)(@i), seeking to dismiss

the claims against the Trust only. 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 defendant). 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”). Plaintiff must therefore file an amended

complaint consistent with Rule 15 in order to drop the Trust as a party. Accordingly, the

Stipulation (Doc. 16) is hereby STRICKEN.

IT IS SO ORDERED.

DATED: October 9, 2019 ewe KM Goll

STACI M. YANDLE

United States District Judge

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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