Couch v. Pollack

Filing 159

ORDER STRIKING Stipulation of Dismissal filed by Kimberly D Bosel, Autumn N. Crouch (Doc. 153 ) and Stipulation of Dismissal filed by Kimberly D Bosel, Autumn N. Crouch (Doc. 156 ). Signed by Judge Staci M. Yandle on 12/5/2019. (sgp)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ILLINOIS
AUTUMN N. CROUCH, Special
Administrator of the Estate of Jacob Russell
Steward, deceased,
Plaintiff,
vs.
WALTER B. POLLOCK, WALTER
POLLOCK, LLC, TAYLOR LOGISTICS
COMPANY, LLC POLLOCK
LOGISTICS, LLC, JEFFREY F. HALL,
JR., HALL TRANSPORTATION, LLC,
and DEBRA K. POLLOCK,
Defendants.
AND
KIMBERLY D. BOSEL, Individually, and
as Independent Representative of the Estate
of Eric A. Bosel,
Plaintiff,
vs.
WALTER B. POLLOCK, WALTER
POLLOCK, LLC, TAYLOR LOGISTICS
COMPANY, LLC POLLOCK
LOGISTICS, LLC, JEFFREY F. HALL,
JR., HALL TRANSPORTATION, LLC,
and DEBRA K. POLLOCK,
Defendants.

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Case No. 17-CV-1089-SMY

MEMORANDUM AND ORDER
YANDLE, District Judge:

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Plaintiffs Autumn N. Crouch and Kimberly D. Bosel and Defendant Walter Pollock, LLC
have filed a Stipulation and an Amended Stipulation for Dismissal without prejudice (Docs. 153
and 156) under Federal Rule of Civil Procedure 41(a)(2), seeking to dismiss the claims against
Walter Pollock, LLC only. A plain reading of Rule 41(a) suggests that dismissal under this Rule
should be used only to dismiss an entire action (rather than a particular claim against a particular
defendant). See Taylor v. Brown, 787 F.3d 851, 857 (7th Cir. 2015) (Rule 41(a) is “limited to
dismissal of an entire action” and Rule 15(a) is the proper vehicle for “adding or dropping parties
and claims”). Plaintiffs must therefore file an amended complaint consistent with Rule 15 in order
to drop Walter Pollock, LLC as a party. Accordingly, the Stipulations (Docs. 153 and 156) are
hereby STRICKEN.
IT IS SO ORDERED.
DATED: December 5, 2019

STACI M. YANDLE
United States District Judge

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