Booker et al v. Stuckey Management Services, Inc. et al

Filing 49

Order: The 47 Stipulation of Dismissal construed as a motion to amend complaint is granted. Counts I and II brought by plaintiffs Lashondra Rankins, Bonita Cunningham & Lashundra Williams are withdrawn. This action will proceed as to Counts III through IX. Signed by Chief Judge William H. Steele on 1/31/2017. (tgw)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ALABAMA
SOUTHERN DIVISION
TERESA BOOKER, et al.,
Plaintiffs,
v.
STUCKEY MANAGEMENT
SERVICES, INC., et al.,
Defendants.

)
)
)
)
)
)
)
)
)
)

CIVIL ACTION 16-0029-WS-B

ORDER
This matter comes before the Court on the parties’ Joint Stipulation of Dismissal of
Certain Claims (doc. 47). This Stipulation, signed and agreed upon by counsel for all parties,
reflects that the parties stipulate to the dismissal of Counts I and II brought by plaintiffs
Lashondra Rankins, Bonita Cunningham and Lashundra Williams.
Although the Stipulation purports to be filed pursuant to Rule 41(a)(1)(A)(ii),
Fed.R.Civ.P., the proper procedural vehicle to achieve the requested relief is actually a motion to
amend the Complaint pursuant to Rule 15(a), rather than a Rule 41(a) stipulation of dismissal.
See, e.g., Klay v. United Healthgroup, Inc., 376 F.3d 1092, 1106 (11th Cir. 2004) (“A plaintiff
wishing to eliminate particular claims or issues form the action should amend the complaint
under Rule 15(a) rather than dismiss under Rule 41(a).”) (citation omitted). For that reason, the
Joint Stipulation will be construed as a Motion to Amend the Complaint to withdraw Counts I
and II on behalf of plaintiffs Rankins, Cunningham and Williams.
Pursuant to Rule 15(a)(2), Fed.R.Civ.P., federal courts are instructed freely to grant leave
to amend the pleadings when justice so requires. Here, the parties have agreed and stipulated to
streamline this complex, multi-plaintiff, multi-claim litigation by eliminating certain causes of
action brought by certain plaintiffs, with each side to bear its own fees and costs. Such a course
of action is fully consistent with, and in furtherance of, the interests of justice. Accordingly, the
Motion to Amend Complaint (doc. 47) construed from the Joint Stipulation of Dismissal of
Certain Claims is granted. Counts I and II brought by plaintiffs Lashondra Rankins, Bonita

Cunningham and Lashundra Williams are withdrawn, each party to bear her or its own fees and
costs associated with such claims. This action will proceed as to Counts III through IX asserted
by plaintiffs Rankins, Cunningham and Williams, as well as all claims asserted by the other six
named plaintiffs.
DONE and ORDERED this 31st day of January, 2017.
s/ WILLIAM H. STEELE
CHIEF UNITED STATES DISTRICT JUDGE

-2-