Calviona Lynise Brown v. EPIC Federal Credit Union et al.

Summary

This Report and Recommendation addresses Plaintiff Calviona Lynise Brown’s decision to omit three defendants from her amended complaint. Because Plaintiff did not file a notice or stipulation under Federal Rule of Civil Procedure 41(a), the court recommends dismissal of those defendants under Rule 21. The recommended dismissals are without prejudice because the case remains in its early stages and the defendants had not been served or participated in the litigation.

Holdings

1. When a plaintiff seeks to drop defendants but has not filed a Rule 41(a) notice of voluntary dismissal or a stipulation signed by all parties, Rule 21 provides the appropriate mechanism for dropping those defendants.
2. Dismissal of the omitted defendants under Rule 21 should be without prejudice because the case was in its early stages, the defendants had not been served or participated, and there was no indication of litigation expense or prejudice.

Questions Presented

1. Whether a plaintiff's omission of defendants from an amended complaint, without a Rule 41(a) notice of voluntary dismissal or stipulation, should be treated under Rule 21 as a request to drop those defendants.
2. Whether dismissal of the omitted defendants should be with or without prejudice.

Disposition

other