# Crouch v. Pollack

> District Court, S.D. Illinois · April 27, 2021

URL: https://www.frixlaw.com/law-library/cases/10153566

## Case

- **Court:** District Court, S.D. Illinois
- **Decided:** April 27, 2021
- **Opinion:** 100trialcourt
- **Cited by:** 0 later opinions in the Frix Law Library

## Citator (automated)

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## Opinion text

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ILLINOIS

AUTUMN N. CROUCH, Special )
Administrator of the Estate of Jacob Russell )
Steward, deceased, )
)
Plaintiff, )
)
vs. ) Case No. 17-CV-1089-SMY
)
TAYLOR LOGISTICS COMPANY, LLC, )
POLLOCK LOGISTICS, LLC, JEFFREY )
F. HALL, JR., HALL )
TRANSPORTATION, LLC, and DEBRA )
K. POLLOCK, individually and as Personal )
Representative of the Estate of Walter )
Pollock, Deceased, )
)
Defendants. )
)
AND )
)
KIMBERLY D. BOSEL, Individually, and )
as Independent Representative of the Estate )
of Eric A. Bosel, )
)
Plaintiff, )
)
vs. ) Case No. 17-CV-1280-SMY
)
TAYLOR LOGISTICS COMPANY, LLC, )
POLLOCK LOGISTICS, LLC, JEFFREY )
F. HALL, JR., HALL )
TRANSPORTATION, LLC, and DEBRA )
K. POLLOCK, individually and as Personal )
Representative of the Estate of Walter )
Pollock, Deceased, )
)
Defendants. )

MEMORANDUM AND ORDER

YANDLE, District Judge:
Now pending before the Court is the Stipulation of Dismissal without prejudice with
respect to the claims asserted against Defendants Debra K. Pollock, individually, and Pollock
Logistics, LLC, pursuant to Federal Rule of Civil Procedure 41(a)(1)(A)(i1) (Doc. 226).
Rule 41 permits 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. 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, it finds that dismissing Defendants Debra K. Pollock,
individually, and Pollock Logistics, LLC pursuant to Rule 41(a)(1)(A)(1) is appropriate in this
case. See Madsen v. Park City, 6 F. Supp. 2d 938, 943 (N.D. IIL. 1998) (“In a multiple defendant
case, it is permissible to voluntarily dismiss just some of the defendants.”).
Accordingly, Debra K. Pollock, individually, and Pollock Logistics, LLC are DISMISSED
without prejudice; Debra K. Pollock’s (individually) and Pollock Logistics, LLC’s Motions for
Summary Judgment (Docs. 215 and 216) are TERMINATED as Moot.
IT IS SO ORDERED.
DATED: April 27, 2021 Nowe KM Coll
STACI M. YANDLE
United States District Judge

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/10153566. Public record. Not legal advice.