2UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF OHIO EASTERN DIVISION

DAVID CAMPBELL, et al., Plaintiffs,

v. Case No. 2:23-cv-3521 JUDGE EDMUND A. SARGUS, JR. Magistrate Judge Kimberly A. Jolson BRANDSAFWAY SERVICES, et al., Defendants. ORDER This matter is before the Court on the Plaintiffs’ and Defendant Enerfab Power & Industrial, Inc.’s Joint Motion for Voluntary Dismissal of Enerfab Power & Industrial, Inc. Without Prejudice. (Joint Mot., ECF No. 41.) Enerfab asserts immunity from liability for negligence as a complying employer under Ohio’s workers’ compensation laws. (Id. at PageID 205.) Throughout the course of Plaintiffs’ workers’ compensation claim, Plaintiffs and Enerfab entered into a full and final settlement of all claims. (Id.) Accordingly, Plaintiffs and Enerfab have agreed to voluntarily dismiss Enerfab without prejudice in this matter. (Id.) The parties represent that the requested dismissal will not affect the pending claims against the remaining Defendant BrandSafway Services, LLC. (Id. PageID 204.) The Court construes the Joint Motion as a motion to sever pursuant to Federal Rule of Civil Procedure 21. See AmSouth Bank v. Dale,

(6th Cir. 2004). The Court GRANTS the Motion and DISMISSES WITHOUT PREJUDICE Plaintiffs’ claims against Enerfab. (ECF No. 41.) The Clerk is DIRECTED to terminate Enerfab Power & Industrial, Inc. from this case. IT IS SO ORDERED.

10/2/2024 s/Edmund A. Sargus, Jr. DATE EDMUND A. SARGUS, JR. UNITED STATES DISTRICT JUDGE