Summary
The court construed Plaintiff Vanessa Peacock’s notices of voluntary dismissal under Federal Rule of Civil Procedure 41 as motions to drop individual defendants under Rule 21 because the case involved multiple defendants. The court dismissed with prejudice all claims against Experian Information Solutions, Inc., Truity Credit Union, and TransUnion, LLC, while leaving Peacock’s claims against Equifax Information Services, LLC, pending.
Topics
Practice areas
Questions Presented
- Whether a plaintiff may dismiss individual defendants in a multi-defendant action through notices under Federal Rule of Civil Procedure 41(a)(1)(A)(i).
- Whether the court should construe the notices as motions under Federal Rule of Civil Procedure 21 and dismiss the three identified defendants with prejudice.
Holdings
- When a plaintiff seeks to dismiss a single defendant rather than the entire lawsuit in a multi-defendant action, Federal Rule of Civil Procedure 21, rather than Rule 41, provides the appropriate basis for dismissal.
- The claims against Experian Information Solutions, Inc., Truity Credit Union, and TransUnion, LLC, were dismissed with prejudice under Rule 21, while the claims against Equifax Information Services, LLC, remained pending.
Key quotations
“Rule 21 provides the appropriate basis for dismissal of a single defendant”
“Thus, all claims against Defendants Experian Information Solutions, Inc.; Truity Credit Union; and TransUnion, LLC, are DISMISSED WITH PREJUDICE under Rule 21.”
Factual background
Peacock sued Truity Credit Union, Equifax Information Services, LLC, Experian Information Solutions, Inc., and TransUnion, LLC. She sought to dismiss Experian, Truity, and TransUnion with prejudice, while preserving her claims against Equifax. The three defendants had not filed answers or motions for summary judgment.
Procedural history
Vanessa Peacock filed three notices of voluntary dismissal on May 15, May 20, and June 1, 2026, seeking dismissal of Experian Information Solutions, Inc., Truity Credit Union, and TransUnion, LLC. None of those defendants had filed an answer or a motion for summary judgment. Because the action involved multiple defendants and claims against Equifax Information Services, LLC remained pending, the court treated the notices as Rule 21 motions and dismissed the three defendants with prejudice.