IN THE DISTRICT COURT OF THE UNITED STATES FOR THE WESTERN DISTRICT OF TENNESSEE WESTERN DIVISION

STEVEN TYLER FISH, ) Plaintiff, ) ) v. ) No. 2:24-cv-02523-SHL-cgc ) SHAVONYA PATRICK, et al., ) Defendants. )

ORDER DISMISSING DEFENDANT TNTX, LLC WITHOUT PREJUDICE

The parties filed a joint stipulation of dismissal without prejudice as to Defendant TNTX, LLC under Federal Rule of Civil Procedure 41(a)(1)(A)(ii). (ECF No. 40.) 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,

, at *2 (W.D. Tenn. Feb. 4, 2022) (citing Philip Carey Mfg. Co. v. Taylor,

, 785 (6th Cir. 1961)); see also Wilkerson v. Brakebill, No. 3:15-CV-435-TAV-CCS,

, at *2 (E.D. Tenn. Jan. 30, 2017) (collecting district court cases from within the Sixth Circuit recognizing that Rule 21, rather than Rule 41, is applicable when dismissing a single claim or defendant instead of an entire lawsuit). The Court will therefore construe the joint stipulation under Rule 41 as a joint motion under Rule 21. See Henderson-Thompson,

, at *2. Rule 21 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 Henderson- Thompson,

, at *2. Thus, all claims against Defendant TNTX, LLC are DISMISSED WITHOUT PREJUDICE under Rule 21. This dismissal does not apply to Fish’s claims against Defendants Shavonya Patrick and West TN Expediting, Inc. IT IS SO ORDERED, this 23rd day of June, 2025. s/ Sheryl H. Lipman SHERYL H. LIPMAN CHIEF UNITED STATES DISTRICT JUDGE

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