Summary
The United States District Court for the Western District of Tennessee dismissed Defendant Trans Union, LLC, from Patrick Gray’s action with prejudice. The court construed Gray’s voluntary-dismissal notice under Federal Rule of Civil Procedure 41 as a motion under Rule 21 because the case involved multiple defendants, while claims against Equifax Information Services, LLC, remained pending.
Topics
Practice areas
Questions Presented
- Whether a plaintiff may dismiss a single defendant in a multi-defendant action under Federal Rule of Civil Procedure 41(a)(1)(A)(i), or whether Federal Rule of Civil Procedure 21 is the proper procedural vehicle.
- Whether the court should construe Gray's Rule 41 notice as a Rule 21 motion and dismiss all claims against Trans Union with prejudice.
Holdings
- In a multi-defendant action, Rule 21, rather than Rule 41, provides the appropriate basis for dismissing a single defendant or claim instead of the entire lawsuit.
- All claims against Trans Union, LLC, were dismissed with prejudice under Rule 21, without affecting Gray's claims against Equifax Information Services, LLC.
Key quotations
“However, in multi-defendant matters, “Rule 21 provides the appropriate basis for dismissal of a single defendant,” not Rule 41.”
“Thus, all claims against Defendant Trans Union, LLC, are DISMISSED WITH PREJUDICE under Rule 21.”
Factual background
Gray brought claims against Trans Union, LLC, and Equifax Information Services, LLC. Gray sought to dismiss Trans Union with prejudice, and Trans Union had not filed an answer or a motion for summary judgment. The claims against Equifax remained pending.
Procedural history
Patrick Gray filed a notice of voluntary dismissal as to Trans Union on March 17, 2026. Because Trans Union had not filed an answer or a motion for summary judgment, the court noted that Rule 41(a)(1)(A)(i) would ordinarily permit dismissal, but held that Rule 21 was the appropriate procedural vehicle for dismissing a single defendant in a multi-defendant action. The court dismissed all claims against Trans Union with prejudice, leaving Gray's claims against Equifax pending.