Home/Source documents/they seek to “dismiss Count VII of the complaint” under Rule 41(a). But in Perry v
they seek to “dismiss Count VII of the complaint” under Rule 41(a). But in Perry v
Date
2021-09-03
Full text
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