Kelly v. Sines et al

Filing 27

ORDER - re 26 Notice (Other) filed by Matthew David Kelly. Plaintiff's Complaint is hereby amended to drop Count Four from this action. Signed by Judge Gregory L. Frost on 5/22/15. (kn)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF OHIO
EASTERN DIVISION
MATTHEW KELLY,
Plaintiff,
Case No. 2:14-cv-00307
JUDGE GREGORY L. FROST
Magistrate Judge Norah McCann King

v.
CLINTON SINES, et al.,
Defendants.

OPINION AND ORDER
Before the Court is the parties’ agreed entry purporting to dismiss “certain causes of
action” pursuant to Federal Rule of Civil Procedure 41. (“Agreed Entry,” ECF No. 26.) A party
cannot, however, use Rule 41 to dismiss less than the entirety of an action. See Crozin v. Crown
Appraisal Group, Inc., Nos. 2:10-cv-581, 2:10-cv-764, 2012 U.S. Dist. LEXIS 876, at *4–*5
(S.D. Ohio Jan. 4, 2012) (citing Letherer v. Alger Group, L.L.C., 328 F.3d 262, 265-66 (6th Cir.
2003), recognized as overruled on other grounds in Blackburn v. Oaktree Capital Mgmt., LLC,
511 F.3d 633, 636 (6th Cir. 2008)); Coleman v. Ohio State Univ. Med. Ctr., No. 2:11-cv-49,
2011 U.S. Dist. LEXIS 83813, at *6 (S.D. Ohio Aug. 1, 2011).
Rule 15(a) permits a party to amend its pleadings by leave of court, which “shall be
freely given when justice so requires.” Fed. R. Civ. P. 15(a)(2). Recognizing that filings are to
be construed by their substantive content and not by their labels, the Court construes the Agreed
Entry as a motion to amend Plaintiff’s Complaint under Rule 15. The Court GRANTS the

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motion. Plaintiff’s complaint is hereby amended to drop Count Four from this action.
IT IS SO ORDERED.
/s/ Gregory L. Frost
GREGORY L. FROST
UNITED STATES DISTRICT JUDGE

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