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Flynn v. FCA U.S. LLC

United States District Court, S.D. Illinois

January 10, 2017

BRIAN FLYNN, GEORGE BROWN, KELLY BROWN, and MICHAEL KEITH, on behalf of themselves and all others similarly situated, Plaintiffs,
v.
FCA U.S. LLC, doing business as Chrysler Group LLC, and HARMON INTERNATIONAL INDUSTRIES, INC. Defendants.

          MEMORANDUM AND ORDER

          Michael J. Reagan United States 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, 857-58 (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 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 U.S. 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.

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Notes:

[1] The amended complaint (Doc. 49) contains multiple counts labeled XIV and XV. Count XIV is found on pages 69-72 (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 ...


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