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- ilnd;;1:20-cv-02523_de67 RegisterActionDate "2020-10-13" @default.
- ilnd;;1:20-cv-02523_de67 RegisterActionDescriptionText "MINUTE entry before the Honorable Joan B. Gottschall: Plaintiff has filed a notice of voluntary dismissal (No. 65 ), purporting to dismiss without prejudice its claims against certain defendants: RCSH Operations, LLC, and RCSH Operations, Inc., (collectively "RCSH"). Plaintiff cites Rule 41(a)(1)(A)(i) of the Federal Rules of Civil Procedure, which authorizes voluntary dismissal without a court order of "an action" before an answer or motion for summary judgment has been filed. The Seventh Circuit has held that the word "action" used in Rule 41(a) "means the entire case." Taylor v. Brown, 787 F.3d 851, 857 (7th Cir. 2015) (citing Berthold Types Ltd. v. Adobe Sys. Inc., 242 F.3d 772, 777 (7th Cir. 2001)). Thus, in a case in which the plaintiff attempted to drop his claim against one of many defendants, " Rule 41(a) was not the proper vehicle. Instead, the court should have offered [the plaintiff] the opportunity to amend his pleadings under Rule 15(a)." Id. at 858. Under the Seventh Circuit's binding interpretation of Rule 41(a), plaintiff must follow Rule 15(a), which governs the amendment of a complaint, to drop its claims against RCSH. Mailed notice (mjc, ) (Entered: 10/13/2020)" @default.
- ilnd;;1:20-cv-02523_de67 AdministrativeID "66" @default.
- ilnd;;1:20-cv-02523_de67 hasReferenceToOtherEntry ilnd;;1:20-cv-02523_de66 @default.