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Order | Filed: June 06, 2024 | Entered: June 06, 2024 R.C. v. City of Peoria Police Department et al
Civil Rights: Other | Illinois Central
Order Striking/Vacating Document (NOT a motion)
TEXT ORDER entered by Judge Colleen R. Lawless on 6/6/2024: Before the Court is Plaintiff's Notice of Voluntary Dismissal 70 under Federal Rule of Civil Procedure 41. Plaintiff's pleading appears to more accurately be described as a Stipulation of Dismissal under Rule 41(a)(1)(A)(ii) because Defendants have filed their Answers and the pleading is signed by Defense Counsel. The stipulation states that Plaintiff voluntarily dismisses Defendants Caleb Bray, Charles Bruess, Cody Ervin, Megan Houghton, Sean Johnston, and Adam Rossi. While each of the individual Defendants is included, the stipulation does not indicate whether Defendants City of Peoria and Bradley University are being dismissed, even though the stipulation is signed by the "Attorneys for Bradley Defendants" and "Attorneys for Peoria Defendants." If the City of Peoria and Bradley University are not part of the stipulation of dismissal, then the stipulation is ineffective. See Taylor v. Brown, 787 F.3d 851, 857-58 (7th Cir. 2015) (finding that Rule 41 dismissals are limited to the dismissal of "actions," not "parties" or "claims," and that an amended complaint should be used if parties or claims are dropped). "Since we give the Federal Rules of Civil Procedure their plain meaning, Rule 41(a) should be limited to dismissal of an entire action." Id. at 857. Therefore, the Court hereby strikes Plaintiff's Notice of Voluntary Dismissal 70 . Plaintiff is granted leave to file a stipulation of dismissal if the entire action is being dismissed or an amended complaint if it is not. (DS)
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Notice | Filed: June 04, 2024 | Entered: June 04, 2024 Clark v. Deere & Company
Civil Rights: Jobs | Illinois Central
Certificate of Service/Counsel
CERTIFICATE of Service/Counsel re Order on Motion to Withdraw as Attorney,,,, Motion Hearing,,,, Set/Reset Deadlines:,,, by Nina Rena Gougis on behalf of Glenda Clark (Gougis, Nina)
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Notice | Filed: June 04, 2024 | Entered: June 04, 2024 R.C. v. City of Peoria Police Department et al
Civil Rights: Other | Illinois Central
Notice of Voluntary Dismissal
NOTICE of Voluntary Dismissal by Reggie Cummings. (Gougis, Nina)
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