Cotton v. Alorton et al

Filing 11

MEMORANDUM AND ORDER, Granting 8 MOTION to Dismiss for Failure to State a Claim Counts V-VIII with prejudice filed by City of Alorton, Michael Baxton, Jr, Michael Baxton, Sr. The Court directs the Clerk of Court to enter judgment accordingly at the close of the case.Signed by Judge J. Phil Gilbert on 9/30/2013. (jdh)

UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ILLINOIS
PAMELA COTTON,
Plaintiff,
v.

Case No. 13-cv-722-JPG-PMF

CITY OF ALORTON, MICHAEL BAXTON, JR.
and MICHAEL BAXTON, SR.,
Defendants.
MEMORANDUM AND ORDER
This matter comes before the Court on a “Notice of Dismissal” of Counts V to VIII filed by plaintiff
Pamela Cotton (Doc. 10). The Court notes that Cotton’s filing cites Federal Rule of Civil Procedure
41(a)(1)(A), which allows dismissal of an action by a plaintiff without a court order at any time before
service by an adverse party of an answer or of a motion for summary judgment, whichever first occurs. See
Fed. R. Civ. P. 41(a)(1)(A)(i). Rule 41(a)(1)(A) is inapplicable, though, because it speaks of dismissing
an entire action, that is, all claims against a defendant, but Cotton seeks only to dismiss some claims
against each defendant.

See 8 Moore’s Federal Practice § 41.21[1]-[2]; Loutfy v. R.R. Donnelley & Sons,

Co., 148 F.R.D. 599, 602 (N.D. Ill. 1993).

However, to achieve Cotton’s desired result and in light of

her failure to respond to the defendants’ motion to dismiss Counts V to VIII (Doc. 8), the Court will
construe her notice as agreement that the motion should be granted. Accordingly, the Court:


GRANTS the defendants’ unopposed motion to dismiss Counts V to VIII (Doc. 8);



DISMISSES Counts V to VIII with prejudice; and



DIRECTS the Clerk of Court to enter judgment accordingly at the close of the case.

IT IS SO ORDERED.
DATED: September 30, 2013
s/J. Phil Gilbert
J. PHIL GILBERT
DISTRICT JUDGE