Ross v. Gossett et al
ORDER GRANTING Motion to Dismiss (Doc. 501 ). The Defendants listed in the Order are DISMISSED without prejudice. Signed by Judge Staci M. Yandle on 8/21/2019. (sgp)
IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ILLINOIS
DEMETRIUS ROSS, on behalf of himself
and all others similarly situated, et al.,
GREG GOSSETT, et al,
Case No. 15-CV-309-SMY-MAB
MEMORANDUM AND ORDER
YANDLE, District Judge:
Pending before the Court is Plaintiffs’ Motion to Dismiss Certain Defendants (Doc. 501).
Plaintiffs seek to dismiss without prejudice claims against Defendants who may not have been
present during the relevant time period set forth in the Second Amended Complaint (Doc. 197).
Defendants have not responded to the motion.
Federal Rule of Civil Procedure 41 allows for 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.
(Doc. 34); 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 in this case, it finds
that dismissing the defendants identified in the Motion is appropriate in this case. See Madsen v.
Park City, 6 F. Supp. 2d 938, 943 (N.D. Ill. 1998) (“In a multiple defendant case, it is permissible
to voluntarily dismiss just some of the defendants.”). Accordingly, the Motion is GRANTED and
The following Defendants are DISMISSED without prejudice:
Page 1 of 2
Tony Payne, Jr.
These defendants are dismissed without prejudice from this matter only and not as to any of the
twenty consolidated cases.
IT IS SO ORDERED.
DATED: August 21, 2019
STACI M. YANDLE
United States District Judge
Page 2 of 2
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?