Huyler v. Wells Fargo Bank, N.A., 2:19-cv-330-FtM-99UAM. (2019)
Court: District Court, M.D. Florida
Number: infdco20190529d01
Visitors: 10
Filed: May 28, 2019
Latest Update: May 28, 2019
Summary: ORDER 1 SHERI POLSTER CHAPPELL , District Judge . This matter comes before the Court on Plaintiff's Notice of Voluntary Dismissal of All Claims Under 42 U.S.C. 1981 and Title VII (Doc. 5) filed on May 23, 2019. Plaintiff seeks to drop her federal claims post-removal pursuant to Federal Rule 41(a)(1)(A)(i). However, Under Federal Rule of Civil Procedure 41(a)(1)(A)(i), a plaintiff may dismiss an action without a court order "before the opposing party serves either an answer or a motion f
Summary: ORDER 1 SHERI POLSTER CHAPPELL , District Judge . This matter comes before the Court on Plaintiff's Notice of Voluntary Dismissal of All Claims Under 42 U.S.C. 1981 and Title VII (Doc. 5) filed on May 23, 2019. Plaintiff seeks to drop her federal claims post-removal pursuant to Federal Rule 41(a)(1)(A)(i). However, Under Federal Rule of Civil Procedure 41(a)(1)(A)(i), a plaintiff may dismiss an action without a court order "before the opposing party serves either an answer or a motion fo..
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ORDER1
SHERI POLSTER CHAPPELL, District Judge.
This matter comes before the Court on Plaintiff's Notice of Voluntary Dismissal of All Claims Under 42 U.S.C. § 1981 and Title VII (Doc. 5) filed on May 23, 2019. Plaintiff seeks to drop her federal claims post-removal pursuant to Federal Rule 41(a)(1)(A)(i). However, Under Federal Rule of Civil Procedure 41(a)(1)(A)(i), a plaintiff may dismiss an action without a court order "before the opposing party serves either an answer or a motion for summary judgment." In the Eleventh Circuit, "precedent dictates that Rule 41 allows a plaintiff to dismiss all of his claims against a particular defendant; its text does not permit plaintiffs to pick and choose, dismissing only particular claims within an action." Campbell v. Altec Indus., Inc., 605 F.3d 839, 841 n.1 (11th Cir. 2010). See also Perry v. Schumacher Grp. of Louisiana, 891 F.3d 954, 958 (11th Cir. 2018) (in order to dismiss a single claim but not the entire action, the "most obvious" way is to seek leave to amend).
As Plaintiff only moves for dismissal of certain claims in the Complaint (Doc. 3), the stipulation will be denied. Plaintiff may seek leave to amend the Complaint pursuant to Fed. R. Civ. P. 15(a).
Accordingly, it is now
ORDERED:
Plaintiff's Notice of Voluntary Dismissal of All Claims Under 42 U.S.C. § 1981 and Title VII (Doc. 5) is DENIED without prejudice to filing a motion for leave to amend the complaint.
DONE and ORDERED.
FootNotes
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Source: Leagle
