United States District Court, S.D. Illinois
DEMETRIUS ROSS, on behalf of himself and all others similarly situated, et al., Plaintiffs,
GREG GOSSETT, et al, Defendants.
MEMORANDUM AND ORDER
M. YANDLE UNITED STATES DISTRICT JUDGE
before the Court is Plaintiffs' Motion to Dismiss Certain
Defendants (Doc. 501). Plaintiffs seek to dismiss without
prejudice claims against Defendants who may not have been
present during the relevant time period set forth in the
Second Amended Complaint (Doc. 197). Defendants have not
responded to the motion.
Rule of Civil Procedure 41 allows for 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. (Doc. 34); 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 in this case, it finds that dismissing
the defendants identified in the Motion 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, the Motion is
GRANTED and The following Defendants are
DISMISSED without prejudice:
Tony Payne, Jr.
defendants are dismissed without prejudice from this matter
only and not as to any of the twenty consolidated cases.