Order Denying Rule 41(a) Dismissal — Frontline Doctors v. Becerra

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Order in America's Frontline Doctors, et al. v. Xavier Becerra, Secretary of the U.S. Department of Health and Human Services, et al., Case No. 2:21-cv-702-CLM, in the U.S. District Court for the Northern District of Alabama, Southern Division, filed 09/03/21, as Document 22. The Court denies the plaintiffs' notice of voluntary dismissal (doc. 21), which sought to dismiss Count VII of the complaint under Rule 41(a), because under Perry v. Schumacher Group of Louisiana the Eleventh Circuit ruled that Rule 41(a) cannot be used to dismiss a single claim without dismissing the entire lawsuit. It invites the plaintiffs instead to seek leave to amend their complaint under Rule 15. The order is dated September 3, 2021, above the name of Judge Corey L. Maze.

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IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF ALABAMA
SOUTHERN DIVISION

AMERICA’S FRONTLINE
DOCTORS, et al.,

      Plaintiffs,

v.

XAVIER BECERRA, Secretary
of the U.S. Department of Health
and Human Services, et al.,

          Defendants.

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Case No. 2:21-cv-702-CLM
ORDER

The Plaintiffs have filed a Notice of Voluntary Dismissal (doc. 21), in which
they seek to “dismiss Count VII of the complaint” under Rule 41(a). But in Perry v.
Schumacher Group of Louisiana., 891 F.3d 954 (11th Cir. 2018), the Eleventh
Circuit held that Rule 41(a) is not an appropriate vehicle to dismiss a single claim
without dismissing the entire lawsuit, id. at 958. Because the Court cannot use Rule
41(a) as the Plaintiffs wish, the Court DENIES Plaintiffs’ motion.
To accomplish the same task, Plaintiffs may seek leave to amend their
Complaint under Rule 15, id., and the Court invites them to do so.
DONE and ORDERED on September 3, 2021.

      _________________________________
      COREY L. MAZE
      UNITED STATES DISTRICT JUDGE
FILED
 2021 Sep-03  AM 08:28
U.S. DISTRICT COURT
N.D. OF ALABAMA
Case 2:21-cv-00702-CLM   Document 22   Filed 09/03/21   Page 1 of 1

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