Victoria's Secret Stores Brand Management, Inc. et al v. Fragrance Acquisitions, LLC et al.

Filing 30

ORDER construes Notice of voluntary dismissal as motion. The Court thefore GRANTS the Motion and Dismisses without prejudice all claims against Izriel Polatsk aka Ezriel Polatsek. Signed by Judge Gregory L Frost on 4/30/14. (kn)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF OHIO
EASTERN DIVISION
VICTORIA’S SECRET STORES
BRAND MANAGEMENT, INC., et al.,
Plaintiffs,
Case No. 2:14-cv-139
JUDGE GREGORY L. FROST
Magistrate Judge Norah McCann King

v.
FRAGRANCE ACQUISITIONS,
LLC, et al.,
Defendants.

ORDER
On April 29, 2014, Plaintiffs filed a notice of voluntary dismissal without prejudice of all
claims against Defendant Izriel Polatsek a/k/a Ezriel Polatsek. (ECF No. 29.) Plaintiffs purport
to take this action under Federal Rule of Civil Procedure 41(a)(1)(A)(i); however, the Sixth
Circuit has held that Rule 41 is confined to the dismissal of an entire action and cannot provide a
mechanism through which select parties or claims can be dismissed. Letherer v. Alger Group,
L.L.C., 328 F.3d 262, 266 (6th Cir. 2003), recognized as overruled on other grounds in
Blackburn v. Oaktree Capital Mgmt., LLC, 511 F.3d 633, 636 (6th Cir. 2008); see also AmSouth
Bank v. Dale, 386 F.3d 763, 778 (6th Cir. 2004) (citing Letherer); Coleman v. Ohio State Univ.
Med. Ctr., No. 2:11-cv-49, 2011 WL 3273531, at *6 (S.D. Ohio Aug. 1, 2011).
Recognizing that filings are to be construed by their substantive content and not by their
labels, the Court construes the motion as one under Federal Rule of Civil Procedure 15 or
Federal Rule of Civil Procedure 21. This Court therefore GRANTS the motion and
DISMISSES WITHOUT PREJUDICE all claims against Izriel Polatsek a/k/a Ezriel Polatsek.
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IT IS SO ORDERED.
/s/ Gregory L. Frost
GREGORY L. FROST
UNITED STATES DISTRICT JUDGE

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