Opinion
CAUSE NO.: 2:21-CV-33-TLS-APR
01-28-2021
THOMAS FRANCISKI, Plaintiff, v. BEST BUY CO., INC., BEST BUY STORES, LP, MAC EXPRESS TRUCKING COMPANY, J.B. HUNT TRANSPORT, INC., and BEST BUY, Defendants.
OPINION AND ORDER
This matter is before the Court on the parties' Joint Stipulation of Dismissal as to Defendant Best Buy, Only [ECF No. 12], filed on January 20, 2021. Therein, the Plaintiff and Defendants "agree and stipulate to dismiss all claims of Plaintiff against Defendant Best Buy, only, without prejudice, and with all parties bearing their own costs," and indicate that "[a]ll other claims shall remain pending."
The Seventh Circuit Court of Appeals has held that the proper procedure for dismissal of individual parties or claims is by the amendment of pleadings under Federal Rule of Civil Procedure 15(a) and not by dismissal under Federal Rule of Civil Procedure 41(a). Taylor v. Brown, 787 F.3d 851, 857-58, 858 n.9 (7th Cir. 2015) (explaining that "Rule 15(a) allows a plaintiff to amend his complaint—including by adding or dropping parties and claims—as a matter of right in some situations and by court order in others" and reminding district courts to use Rule 15(a) rather than Rule 41(a) for dismissal of individual claims); see also 6 Fed. Prac. & Proc. Civ. § 1479 (3d ed.).
Accordingly, the Court STRIKES the Joint Stipulation of Dismissal as to Defendant Best Buy, Only [ECF No. 12] without prejudice. Pursuant to Federal Rule of Civil Procedure 15(a)(2), the Court GRANTS the Plaintiff leave to file, on or before February 12, 2021, an amended complaint against Defendants Best Buy Co., Inc.; Best Buy Stores, LP; MAC Express Trucking Company; and J.B. Hunt Transport, Inc. as the remaining Defendants in order to drop Defendant Best Buy as a party.
SO ORDERED on January 28, 2021.
s/ Theresa L. Springmann
JUDGE THERESA L. SPRINGMANN
UNITED STATES DISTRICT COURT