Opinion
Case No. 2:13-cv-501
07-24-2014
PHILLIP MILLER, et al., Plaintiffs, v. DELAWARE COUNTY COMMISSIONERS, et al. Defendants.
JUDGE GREGORY L. FROST
Magistrate Judge Mark R. Abel
ORDER
Before the Court is a stipulation of dismissal in which the parties purport to dismiss with prejudice certain defendants from this action pursuant to Federal Rule of Civil Procedure 41(a)(1)(A)(ii) ("Stipulation"). (ECF No. 49.) Parties cannot, however, use Rule 41(a)(1)(A)(ii) to dismiss less than the entirety of an action. See Crozin v. Crown Appraisal Group, Inc., Nos. 2:10-cv-581, 2:10-cv-764, 2012 U.S. Dist. LEXIS 876, at *4-5 (S.D. Ohio Jan. 4, 2012) (citing Letherer v. Alger Group, L.L.C., 328 F.3d 262, 265-66 (6th Cir. 2003), recognized as overruled on other grounds in Blackburn v. Oaktree Capital Mgmt., LLC, 511 F.3d 633, 636 (6th Cir. 2008)); Coleman v. Ohio State Univ. Med. Ctr., No. 2:11-cv-49, 2011 U.S. Dist. LEXIS 83813, at *6 (S.D. Ohio Aug. 1, 2011).
Rule 21 permits a court, on motion or on its own, to add or drop a party on just terms at any time. Fed. R. Civ. P. 21. Recognizing that filings are to be construed by their substantive content and not by their labels, the Court will construe the Stipulation as a motion to drop parties under Rule 21. The Court GRANTS the motion and DISMISSES WITH PREJUDICE all claims against Defendants Larry Robbins, Vikki Lutz and Steven Lutz.
IT IS SO ORDERED.
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GREGORY L. FROST
UNITED STATES DISTRICT JUDGE