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Ross v. Gossett

United States District Court, S.D. Illinois

August 21, 2019

DEMETRIUS ROSS, on behalf of himself and all others similarly situated, et al., Plaintiffs,
v.
GREG GOSSETT, et al, Defendants.

          MEMORANDUM AND ORDER

          STACI M. YANDLE UNITED STATES DISTRICT JUDGE

         Pending 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.

         Federal 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:

Richard Harrington

Rodney Brady

Brendan Ankrom

Stephanie Beasley

Robert Blackwell

Mark Bower

Kyle Brooks

Christopher Cales

Aaron Campbell

James Cissell

Josh Curry

Samuel Dillon

Justin Dircks

Bryan Easton

M. Fluder

Justin Hammers

Kevin Hirch

Shayne Howell

Michael Jones

Tyler Jones

John Koch

Alexander Lockhart

Jason Migneron

Jason Morris

Wendy Parks

Gary Perkins

Brandon Richey

Minh Scott

Eric Shelton

Mitch Simmons

Sam Taylor

Andrew Volk

Rene Waters

James Best

Kent Brookman

John Tourville

Kevin Reichert

Beau Purtle

Patrick Trokey

Raymond Allen

James Powell

John Mich

Roger Waller

John Hoffman

Raymond Groves

Michael Samuel

George Welborn

Tony Payne, Jr.

Michael Monje

Tracy Lee

John Carter

Louis Browder

Ventures Jackson

Denise Minor

Daniel Sullivan

Jack Townely

Jeffrey Julius

Richard Lynch

Michael Durbin

Charles Hayden

James Studer

Eric Welsh

Randall Bayler

Leif McCarthy

Chad Ray

Earl Dixon

Alan Dallas

Martin Buchner

         These defendants are dismissed without prejudice from this matter only and not as to any of the twenty consolidated cases.

         IT ...


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