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Other Statutory Actions | Ohio Southern
Order on Motion to Dismiss Order on Motion to Dismiss for Failure to State a Claim
NOTATION ORDER: Defendants Community Insurance Company and General Motors, LLC, each previously filed 20 , 21 Motions to Dismiss. In lieu of responding, Plaintiff gave 24 notice it was dismissing General Motors, LLC, without prejudice, purportedly under Federal Rule of Procedure 41(a) and also 33 amended its complaint under Federal Rule of Civil Procedure 15(a)(1)(B), listing General Motors as a defendant, but not General Motors, LLC. As to the former, while a plaintiff cannot rely on Rule 41 to dismiss fewer than all the defendants in an action, the Clerk's office dropped General Motors, LLC, and the Court agrees with that outcome, thereby rendering MOOT General Motors, LLC's 21 Motion to Dismiss. Beyond that, as the 33 Amended Complaint adds several new claims, the Court finds that it renders MOOT Community Insurance Co.'s 20 Motion to Dismiss. In short, the Court DENIES both 20 , 21 Motions to Dismiss on mootness grounds. Any Defendant named in the 33 Amended Complaint who wishes to do so may file Rule 12 motions no later than 9/17/26, the current deadline to respond. SO ORDERED. Signed by Judge Douglas R. Cole on 8/14/26. (mas)
Labor: E.R.I.S.A. | Ohio Northern
Subpoena Returned Executed
Subpoena Returned Executed; served upon Paul Morreale by Certified Mail on 8/10/2026 filed on behalf of All Plaintiffs (Attachments: # 1 Exhibit Subpoena Duces Tecum Paul Morreale, # 2 Exhibit Proof of Service - Certified Mail)(Pfouts, Benjamin)
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