Cleveland v. Trans Union LLC
Cleveland v. Trans Union LLC
Trial Court Opinion
IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF TENNESSEE WESTERN DIVISION MICHAEL RAY CLEVELAND, ) ) Plaintiff, ) ) v. ) No. 2:25-cv-02093-SHL-cgc ) TRANS UNION, LLC; PRIMIS ) FINANCIAL CORP.; and MOMNT ) TECHNOLOGIES, INC., ) Defendants. ) ORDER DISMISSING TRANS UNION, LLC WITH PREJUDICE
Plaintiff Michael Ray Cleveland and Defendant Trans Union, LLC filed a joint stipulation of dismissal with prejudice as to only Trans Union under Federal Rule of Civil Procedure 41. (ECF No. 43.) But in multi-defendant matters, “Rule 21 provides the appropriate basis for dismissal of a single defendant,” not Rule 41. Henderson-Thompson v. Jardoin, No. 2:22-cv-2013-MSN-cgc,
2022 WL 349896, at *2 (W.D. Tenn. Feb. 4, 2022) (citing Philip Carey Mfg. Co. v. Taylor,
286 F.2d 782, 785 (6th Cir. 1961)). The Court will therefore construe the joint stipulation as a motion to dismiss under Rule 21, which permits a court to drop a party at any time on motion or on its own. Fed. R. Civ. P. 21. Dropping parties under Rule 21 functions as a dismissal of the party. See id. Thus, all claims against Defendant Trans Union, LLC are DISMISSED WITH PREJUDICE. This dismissal does not apply to Cleveland’s claims against Defendants Primis Financial Corp. and Momnt Technologies, Inc. IT IS SO ORDERED, this 5th day of May, 2025. s/ Sheryl H. Lipman SHERYL H. LIPMAN CHIEF UNITED STATES DISTRICT JUDGE
Reference
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