# A.S. v. Black River Local School District

> District Court, N.D. Ohio · September 18, 2024

URL: https://www.frixlaw.com/law-library/cases/10664620

## Case

- **Court:** District Court, N.D. Ohio
- **Decided:** September 18, 2024
- **Opinion:** 100trialcourt
- **Cited by:** 0 later opinions in the Frix Law Library

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## Opinion text

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF OHIO
EASTERN DIVISION

A.S., as parent and guardian of ) Case No. 1:24-cv-00756
JANE DOE, a minor, )
) Judge J. Philip Calabrese
Plaintiff, )
) Magistrate Judge
v. ) Jonathan D. Greenberg
)
MAPLETON LOCAL SCHOOL )
DISTRICT, et al., )
)
Defendant. )
)

AMENDED OPINION AND ORDER
On July 15, 2024, Plaintiff filed a notice of voluntary dismissal of all counts
against Defendant Mapleton Local School District. (ECF No. 14.) On September 13,
2024, Plaintiff filed a second notice of voluntary dismissal of all counts against
Defendants Mapleton Local School District Board of Education, Scott Smith, and
Corey Kline. (ECF No. 17.) On September 18, 2024, Plaintiff filed a notice dismissing
these Defendants with prejudice. Although Plaintiff filed these notices pursuant to
Rule 41, Rule 41 applies to actions, not individual claims or parties. Therefore, the
Court treats the notices as motions under Rule 21.
Rule 21 provides that “[o]n motion or on its own, the court may at any time, on
just terms, add or drop a party.” Fed. R. Civ. P. 21. Unless the parties agree
otherwise, the Court generally drops a party under Rule 21 without prejudice. See
Michaels Bldg. Co. v. Ameritrust Co. N.A., 848 F.2d 674, 682 (6th Cir. 1988).
Dismissal of a party under Rule 21 is committed to the sound discretion of the district
court. Hiller v. HSBC Fin. Corp., 589 F. App’x 320, 321 (6th Cir. 2015) (per curiam)
(citing Sutherland v. Michigan Dept of Treasury, 344 F.3d 6038, 612 (6th Cir. 2003)).
Based on the Court’s review of the record, the Court sees no reason not to
dismiss these defendants at this early stage of the proceedings. Further, no person
has objected to their dismissal. Accordingly, the Court DISMISSES WITH
PREJUDICE Plaintiffs claims against Defendants Mapleton Local School District,
Mapleton Local School District Board of Education, Scott Smith, and Corey Kline and
drops these parties from this litigation.
Plaintiff shall bear her own costs and attorneys’ fees with respect to the parties
dropped.
SO ORDERED.
Dated: September 18, 2024

J.PhilipCalabrese
United States District Judge
Northern District of Ohio

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/10664620. Public record. Not legal advice.