Cleveland v. Equifax Information Systems, LLC

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF ALABAMA NORTHERN DIVISION KAYO CLEVELAND, : : Plaintiff, : : v. : CIVIL ACT. NO. 2:20-cv-52-TFM-B : EQUIFAX INFORMATION SERVICES : LLC, et al., : : Defendants. : ORDER Pending before the Court is the Joint Stipulation of Dismissal as to Defendant Trans Union, LLC (Only) With Prejudice. Doc. 53, filed July 31, 2020. Plaintiff Kayo Cleveland (“Plaintiff”) and Defendant Trans Union, LLC (“Trans Union”), bring their stipulation pursuant to Fed. R. Civ. P. 41(a)(2)1 and request the Court dismiss with prejudice Plaintiff’s claims against Trans Union.

Id. The Court construes the stipulation as a motion to dismiss pursuant to Fed. R. Civ. P. 41(a)(2).

Upon consideration of the motion (Doc. 53), it is ORDERED it is GRANTED, and Plaintiff’s claims against Defendant Trans Union, LLC, are DISMISSED with prejudice, with each party to bear their own costs and attorneys’ fees.

1 A plaintiff may dismiss all claims against a defendant under Fed. R. Civ. P. 41 even if there are other defendants in the case. Klay v. United Healthgroup, Inc., 376 F.3d 1092, 1106 (11th Cir. 2004) (“[Fed. R. Civ. P.] 41 allows a plaintiff to dismiss all of his claims against a particular defendant . . . .”); see also Plain Growers, Inc. ex rel. Florists’ Mut. Ins. Co. v. Ickes-Braun Glasshouses, Inc., 474 F.2d 250, 254 (5th Cir. 1973) (“There is little merit in the argument that the court could not dismiss the action as to less than all defendants upon motion [under (a)(2)] . . . .”); Bonner v. City of Prichard, 661 F.2d 1206, 1209 (11th Cir. 1981) (en banc).

DONE and ORDERED this 4th day of August 2020. /s/ Terry F. Moorer TERRY F. MOORER UNITED STATES DISTRICT JUDGE