Opinion
Case No. 2:14-cv-2086
12-15-2014
CHRISTOPHER TOOPS, et al., Plaintiffs, v. CITIZENS BANK OF LOGAN, OHIO, et al., Defendants.
Magistrate Judge Elizabeth P. Deavers
ORDER
On December 10, 2014, Plaintiffs filed a notice of voluntary dismissal without prejudice of all claims against Defendant Citizens Bank of Logan, Ohio. (ECF No. 20.) Plaintiffs indicated that the notice was pursuant to Federal Rule of Civil Procedure 41(a)(1)(A)(i). In citing to Rule 41(a)(1)(A)(i), however, Plaintiffs ignore the Sixth Circuit's holding in 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). See also AmSouth Bank v. Dale, 386 F.3d 763, 778 (6th Cir. 2004).
In Letherer, the Sixth Circuit addressed its previous holding that Rule 41 is confined to the dismissal of only an entire action and cannot provide a mechanism through which select parties or claims can be dismissed. Letherer, 328 F.3d at 266. The Letherer court also recognized both that the court of appeals has been inconsistent in applying this rule and that at least five other circuits have interpreted Rule 41 less restrictively. Id. at 266 n.2. But although appearing to question the narrow interpretation of Rule 41, the Letherer court did not resolve the issue to permit the action undertaken by Plaintiffs here. This Court therefore has no choice but to adhere to precedent precluding piecemeal dismissal under Rule 41. Accordingly, Plaintiffs cannot obtain the dismissal they seek under Rule 41.
Recognizing Plaintiffs' intent to effectuate dismissal without prejudice, however, the Court construes the December 10, 2014 filing as one under Federal Rule of Civil Procedure 21. See Haley v. City of Akron, No. 5:13-cv-00232, 2014 WL 804761, at *2 (N.D. Ohio Feb. 27, 2014) (construing Rule 41 filing as a Rule 21 motion). This Court then GRANTS the motion and drops Defendant Citizens Bank of Logan, Ohio, which has the effect of dismissing without prejudice all claims against the bank. (ECF No. 20.) Because this action renders the motion to dismiss filed by the bank moot, the Court ORDERS the Clerk to terminate that motion to dismiss on the docket. (ECF No. 14.)
IT IS SO ORDERED.
/s/ Gregory L. Frost
GREGORY L. FROST
UNITED STATES DISTRICT JUDGE