Opinion
Case No. 2:14-cv-139
04-30-2014
VICTORIA'S SECRET STORES BRAND MANAGEMENT, INC., et al., Plaintiffs, v. FRAGRANCE ACQUISITIONS, LLC, et al., Defendants.
JUDGE GREGORY L. FROST
Magistrate Judge Norah McCann King
ORDER
On April 29, 2014, Plaintiffs filed a notice of voluntary dismissal without prejudice of all claims against Defendant Izriel Polatsek a/k/a Ezriel Polatsek. (ECF No. 29.) Plaintiffs purport to take this action under Federal Rule of Civil Procedure 41(a)(1)(A)(i); however, the Sixth Circuit has held that Rule 41 is confined to the dismissal of 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) (citing Letherer); Coleman v. Ohio State Univ. Med. Ctr., No. 2:11-cv-49, 2011 WL 3273531, at *6 (S.D. Ohio Aug. 1, 2011).
Recognizing that filings are to be construed by their substantive content and not by their labels, 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 WITHOUT PREJUDICE all claims against Izriel Polatsek a/k/a Ezriel Polatsek.
IT IS SO ORDERED.
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GREGORY L. FROST
UNITED STATES DISTRICT JUDGE