Couch v. Pollack

Filing 233

ORDER re Stipulation of Dismissal filed by Kimberly D Bosel, Autumn N. Crouch (Doc. 226 ): Debra K. Pollock, individually, and Pollock Logistics, LLC are DISMISSED without prejudice; TERMINATING AS MOOT MOTION for Summary Judgment Against Plaint iff Kimberly Bosel filed by Debra K. Pollock, Pollock Logistics, LLC (Doc. 215 ) and MOTION for Summary Judgment Against Plaintiff Autumn Crouch filed by Debra K. Pollock, Pollock Logistics, LLC (Doc. 216 ). Signed by Judge Staci M. Yandle on 4/27/2021. (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.
TAYLOR LOGISTICS COMPANY, LLC,
POLLOCK LOGISTICS, LLC, JEFFREY
F. HALL, JR., HALL
TRANSPORTATION, LLC, and DEBRA
K. POLLOCK, individually and as Personal
Representative of the Estate of Walter
Pollock, Deceased,
Defendants.
AND
KIMBERLY D. BOSEL, Individually, and
as Independent Representative of the Estate
of Eric A. Bosel,
Plaintiff,
vs.
TAYLOR LOGISTICS COMPANY, LLC,
POLLOCK LOGISTICS, LLC, JEFFREY
F. HALL, JR., HALL
TRANSPORTATION, LLC, and DEBRA
K. POLLOCK, individually and as Personal
Representative of the Estate of Walter
Pollock, Deceased,
Defendants.

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Case No. 17-CV-1089-SMY

Case No. 17-CV-1280-SMY

MEMORANDUM AND ORDER
YANDLE, District Judge:
Now pending before the Court is the Stipulation of Dismissal without prejudice with
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respect to the claims asserted against Defendants Debra K. Pollock, individually, and Pollock
Logistics, LLC, pursuant to Federal Rule of Civil Procedure 41(a)(1)(A)(ii) (Doc. 226).
Rule 41 permits 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. 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, it finds that dismissing Defendants Debra K. Pollock,
individually, and Pollock Logistics, LLC pursuant to Rule 41(a)(1)(A)(ii) 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, Debra K. Pollock, individually, and Pollock Logistics, LLC are DISMISSED
without prejudice; Debra K. Pollock’s (individually) and Pollock Logistics, LLC’s Motions for
Summary Judgment (Docs. 215 and 216) are TERMINATED as Moot.
IT IS SO ORDERED.
DATED: April 27, 2021

STACI M. YANDLE
United States District Judge

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