Collins v. United of Omaha Life Insurance Company

UNITED STATES DISTRICT COURT

MIDDLE DISTRICT OF FLORIDA

ORLANDO DIVISION

ZANETTA COLLINS,

Plaintiff,

Vv. Case No. 6:21-cv-142-JA-EJK UNITED OF OMAHA LIFE

INSURANCE COMPANY,

STEWARD ROCKLEDGE

HOSPITAL, INC. and NORTH

BREVARD CHILDREN’S

MEDICAL CENTER, P.A.,

Defendants.

ORDER

Plaintiff has filed two Notices of Voluntary Dismissal (Docs. 13 & 14) purporting to dismiss her claims against North Brevard Children’s Medical Center, P.A., and Steward Rockledge Hospital, Inc., respectively. However, in light of Perry v. Schumacher Group of Louisiana, 891 F.3d 954 (11th Cir. 2018), this Court will treat Plaintiffs Notices as requests for leave to amend. See Perry, 891 F.3d at 958 (“It is clear from the text [of Federal Rule of Civil Procedure 41] that only an “action” may be dismissed. There is no mention in the Rule of the option to stipulate [to] dismissal of ...a particular claim .. . while leaving a different part of the lawsuit pending before the trial court.”) (emphasis in original); see also Berthold Types Ltd. v. Adobe Sys., Inc., 242 F.3d 772, 777 (7th Cir. 2001) (noting that Rule 41(a)(1) “speaks of dismissing ‘a1 action’—which is to say, the whole case” rather than “of dismissing one claim it a suit”).

So construed, the requests for leave to amend are hereby GRANTED. Or or before February 26, 2021, Plaintiff may file an amended complaint that omit: the claims against North Brevard Children’s Medical Center, P.A., and Stewarc Rockledge Hospital, Inc.

DONE and ORDERED in Orlando, Florida, on ee

Unéted States District Judge Copies furnished to:

Counsel of Record

Unrepresented Parties