Kessel v. City of Rushville et al
| Levi Kessel |
| Nathan Rauch and City of Rushville |
| 4:2021cv04030 |
| February 23, 2021 |
| US District Court for the Central District of Illinois |
| Sara Darrow |
| Jonathan E Hawley |
| Civil Rights: Other |
| 42 U.S.C. ยง 1983 |
| Plaintiff |
Docket Report
RSS Track this Docket
This docket was last retrieved on April 23, 2021. A more recent docket listing may be available from PACER.
| Document Text |
|---|
TEXT ORDER entered by Chief Judge Sara Darrow on April 23, 2021. The parties have submitted a #9 stipulation to dismiss the claims against Defendant Nathan Rauch with prejudice pursuant to Federal Rule of Civil Procedure 41(a)(1)(A)(ii). The #9 stipulation was improperly filed as a motion; a stipulation that satisfies Rule 41(a)(1)(A)(ii) is self-executing. See, e.g., Westfield Ins. Co. v. Regal Beloit Corp., No. 4:12-cv-04044-SLD-JEH, 2015 WL 13617309, at *1 (C.D. Ill. Sept. 3, 2015) (noting "dismissals under [Rule 41(a)(1)(A)(ii)] are self-executing when properly filed" (citations omitted)). But this #9 stipulation does not satisfy this rule. As the Seventh Circuit has explained, "Rule 41(a) should be limited to dismissal of an entire action." Taylor v. Brown, 787 F.3d 851, 857 (7th Cir. 2015) (footnote omitted). This #9 stipulation, which seeks to dismiss the claims against Rauch but not against Defendant City of Rushville, is therefore ineffective. The Seventh Circuit has also explained that faced with an improper partial Rule 41(a) stipulation, a court should offer a complainant the opportunity to amend its pleading under Rule 15(a), which allows a complainant to amend its pleading either as of right in some situations, Fed. R. Civ. P. 15(a)(1), or by court order in others, Fed. R. Civ. P. 15(a)(2). See Taylor, 787 F.3d at 858. The Court shall follow the Seventh Circuit's lead and give Plaintiff Levi Kessel the opportunity to amend his #1 complaint to drop his claims against Rauch. Technically, however, this opportunity is not the Court's to give, as Kessel may, at least for the time being, amend his #1 complaint as of right. (Indeed, since both #7 #8 waivers of service were filed on April 2, 2021, Kessel's #1 complaint was effectively served on that date and twenty-one days have not yet passed therefrom. See Fed. R. Civ. P. 4(d)(4) (stating when a waiver is filed, "these rules apply as if a summons and complaint had been served at the time of filing the waiver"); Fed. R. Civ. P. 15(a)(1)(A) ("A party may amend its pleading once as a matter of course within... 21 days after serving it....").) (SV)
|
| Filing 10 MOTION for Extension of Time to File Answer re #1 Complaint (AGREED) by Defendant City of Rushville. Responses due by 5/6/2021 (Victor, Michael) |
| Filing 9 MOTION to Dismiss Stipulation to Dismiss Defendant Nathan Rauch by Plaintiff Levi Kessel. Responses due by 5/5/2021 (Meyer, Louis) |
| Filing 8 WAIVER OF SERVICE Returned Executed by Nathan Rauch. Nathan Rauch waiver sent on 2/23/2021, answer due 4/26/2021. (Victor, Michael) |
| Filing 7 WAIVER OF SERVICE Returned Executed by City of Rushville. City of Rushville waiver sent on 2/23/2021, answer due 4/26/2021. (Victor, Michael) |
| Filing 6 NOTICE of Appearance of Attorney by Michael J Victor on behalf of City of Rushville, Nathan Rauch (Victor, Michael) |
| Filing 5 NOTICE of Appearance of Attorney by Daniel P Kiss on behalf of Levi Kessel (Kiss, Daniel) |
| Filing 4 REQUEST FOR WAIVER OF SERVICE and Notice of Lawsuit sent to Nathan Rauch on 02/23/2021. (Meyer, Louis) |
| Filing 3 REQUEST FOR WAIVER OF SERVICE and Notice of Lawsuit sent to City of Rushville on 02/23/2021. (Meyer, Louis) |
| Filing 2 NOTICE of Appearance of Attorney by Louis J Meyer on behalf of All Plaintiffs (Meyer, Louis) |
| Filing 1 COMPLAINT against All Defendants ( Filing fee $ 402 receipt number 0753-3596919.), filed by Levi Kessel. (Attachments: #1 Civil Cover Sheet civil cover sheet)(Meyer, Louis) |
Access additional case information on PACER
Use the links below to access additional information about this case on the US Court's PACER system. A subscription to PACER is required.
Access this case on the Illinois Central District Court's Electronic Court Filings (ECF) System
- Search for Party Aliases
- Associated Cases
- Attorneys
- Case File Location
- Case Summary
- Docket Report
- History/Documents
- Parties
- Related Transactions
- Check Status
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
