Opinion
Case No. 2:13-cv-870
01-23-2014
AARON T. VAUGHAN., Plaintiff, v. EXPERIAN INFORMATION SOLUTIONS, INC., et al., Defendants.
JUDGE GREGORY L. FROST
Magistrate Judge Elizabeth P. Deavers
ORDER
On July 22, 2013, Plaintiff filed a motion to dismiss with prejudice his claims against DTE Energy Company. (ECF No. 11.) The motion does not cite to any Federal Rule of Civil Procedure to support the dismissal sought. This Court recognizes that the motion cannot be under Federal Rule of Civil Procedure 41(a)(2), however, because the Sixth Circuit has held 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 v. Alger Group, L.L.C., 328 F.3d 262, 266 (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).
Recognizing the intent of the relevant parties to effectuate dismissal following settlement, the Court construes the motion as one under Federal Rule of Civil Procedure 15 or Federal Rule of Civil Procedure 21. This Court therefore GRANTS the motion and DISMISSES WITH PREJUDICE all claims against DTE Energy Company. In accordance with the terms of the parties' agreement as set forth in the motion, each party shall bear its own costs and attorneys' fees and the Court shall retain jurisdiction for enforcement of the settlement agreement.
IT IS SO ORDERED.
__________
GREGORY L. FROST
UNITED STATES DISTRICT JUDGE