Flynn et al v. FCA US LLC et al

Filing 149

ORDER: The Court DISMISSES without prejudice Counts I, II, VII, VIII, XIV, XV, XXI, and XXII for failure to prosecute. The Court FINDS that without the arbitrable claims pending, there is no longer reason for the Browns claims to be stayed and hereby LIFTS the STAY ordered on September 23, 2016 (Doc. 114 ). The Court SETS a new briefing schedule for the parties. Defendants' motions to dismiss are due on or before February 6, 2017. Plaintiffs' response shall be filed on or before March 6, 2017. Defendants' replies, if necessary, shall be due on or before March 20, 2017. Signed by Chief Judge Michael J. Reagan on 1/10/17. (rah)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ILLINOIS
BRIAN FLYNN,
GEORGE BROWN,
KELLY BROWN, and
MICHAEL KEITH,
on behalf of themselves and all
others similarly situated,
Plaintiffs,
vs.
FCA US LLC, doing business as
Chrysler Group LLC, and
HARMON INTERNATIONAL
INDUSTRIES, INC.
Defendants.

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Case No. 15-cv-0855-MJR-DGW

MEMORANDUM AND ORDER
REAGAN, Chief District Judge:
On October 25 and November 7, 2016, Plaintiffs George and Kelly Brown filed
notices of voluntary dismissal of Counts I, II, VII, VIII, XIV, XV, XXI, and XXII of the
amended complaint (Docs. 136, 139). 1 In an order dated November 22, 2016, the Court
found the voluntary dismissals ineffective based on Taylor v. Brown, 787 F.3d 851, 85758 (7th Cir. 2015), which notes that Federal Rule of Civil Procedure 41 permits
voluntary dismissals of “actions” but not individual “parties” or “claims.” The parties
were directed either to continue with arbitration or the Court granted Plaintiffs leave to
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The amended complaint (Doc. 49) contains multiple counts labeled XIV and XV. Count XIV is found on pages 6972 (a Magnuson-Moss Warrant Act claim) and also on pages 102-05 (a claim brought under Michigan law). Count
XV is found on pages 73-74 (a claim brought under Missouri law) and pages 105-09 (a claim brought Michigan
law). Based on the history of this case and the Court’s order directing arbitration (Doc. 114), the Court interprets the
notices of voluntary dismissal to refer to the counts brought under the Magnuson-Moss Warranty Act and Missouri
law found on pages 69-74 of the amended complaint.

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file a second amended complaint. Plaintiffs declined the Court’s invitation to amend
and also have indicated that they will not pursue arbitration (See Doc. 146). As a result,
the Court DISMISSES without prejudice Counts I, II, VII, VIII, XIV, XV, XXI, and XXII
for failure to prosecute. The Court FINDS that without the arbitrable claims pending,
there is no longer reason for the Browns’ claims to be stayed and hereby LIFTS the
STAY ordered on September 23, 2016 (Doc. 114).
Having review the most recent status report filed by the parties (Doc. 147), it is
clear that the parties disagree on how to proceed with regards to the non-arbitrable
Missouri law claims. Additional briefing from the parties on these claims would be
beneficial. Accordingly, the Court SETS a new briefing schedule for the parties.
Defendants’ motions to dismiss are due on or before February 6, 2017. Plaintiffs’
response shall be filed on or before March 6, 2017. Defendants’ replies, if necessary,
shall be due on or before March 20, 2017. The Court takes Defendant FCA US at its
word that any motions the defendants file will be directed at claims brought under
Missouri law and will not include new or different arguments than those previously
considered by the Court. Not much time, if any, should be spent arguing that the
plaintiffs have waived their right to pursue non-arbitrable claims because the Browns
did not pursue arbitration.
IT IS SO ORDERED.
DATED: January 10, 2017.
s/ Michael J. Reagan
Michael J. Reagan
United States District Judge

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