Steed, Kelly v. General Motors Life and Disability Benefits Program for Hourly Employees

IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF WISCONSIN KELLY STEED, Plaintiff, AMENDED ORDER v. 20-cv-70-wmc GENERAL MOTORS LIFE AND DISABILITY BENEFITS PROGRAM FOR HOURLY EMPLOYEES, GENERAL MOTORS, LLC, and SEDGWICK CLAIMS MANAGEMENT SERVICES, INC. Defendants.

The court is in receipt of plaintiff’s motion to dismiss defendant Sedgwick Claims Management Services, Inc. (dkt. #13). Although styled as a motion under Rule 41(a)(1)(A)(i), the Seventh Circuit has determined that Rule 41(a) is limited to dismissing an “action” -- as in an entire case with the possible exception of a counterclaim under Rule 41(a)(2), not individual claims -- with voluntary dismissal of individual claims or parties falling under Rule 15(a). See Taylor v. Brown, 787 F.3d 851, 857-58 (7th Cir. 2015). As such, the court will construe plaintiff’s motion as one for dismissal under Rule 15(a).

Accordingly, plaintiff’s claims against defendant Sedgwick Claims are DISMISSED and the clerk is ordered to TERMINATE that defendant.

Entered this 3rd day of March, 2020.

BY THE COURT: /s/ __________________________________ WILLIAM M. CONLEY District Judge