SCARDINO
v.
SOUTHERN-OWNERS INSURANCE COMPANY
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The district court addresses a procedural issue where parties jointly moved to dismiss a bad faith insurance claim under Rule 41(a), which is improper for dismissing less than an entire action. The court construes the stipulation as a motion to amend under Rule 15 and grants it, allowing dismissal of the bad faith claim without prejudice.
Rule 41(a) is not the proper vehicle for dismissing less than an entire action. The court construes the joint stipulation as a motion to amend under Rule 15(a)(2) and grants it, dismissing count two without prejudice.
[1] Federal Rule of Civil Procedure 41(a) governs the voluntary dismissal of an entire lawsuit or, in a multi-defendant lawsuit, all claims against one party, not less than a…
[2] A party seeking to dismiss less than an entire action may amend its complaint to eliminate specific claims under Federal Rule of Civil Procedure 15.
Previewing 2 of 4 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligence“Rule [41(a)] governs the voluntary dismissal of an action—either the "entire lawsuit or, in a multi-defendant lawsuit, all the claims against one party."”
Establishes the scope of Rule 41(a) and why it does not apply to dismissing a single count
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Join FLexlaw to unlock all legal intelligencePlaintiff Scardino filed a complaint against Southern-Owners Insurance Company and other defendants asserting multiple claims. The parties jointly mov…
The full statement of facts, procedural history, and disposition for this case are member content.
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Invoking Federal Rule of Civil Procedure 41(a), the parties jointly move to dismiss without prejudice Plaintiff's bad faith claim, count two of Plaintiff's complaint. (Dkt. 28.) However, Rule 41(a) is not the proper procedural vehicle to dismiss this count because the rule governs the voluntary dismissal of an action-either the “entire lawsuit or, in a multi-defendant lawsuit, all the claims against one party. City of Jacksonville v. Jacksonville Hosp. Holdings, L.P., 82 F. 4th 1031, 1036–37 (11th Cir. 2023) (quotation omitted). Here, Plaintiff does not seek to dismiss all the claims against Defendant. (Dkt. 28.)
"The easiest and most obvious” way to dismiss less than an entire action “is to seek and obtain leave to amend the [operative] complaint to eliminate" claims under Federal Rule of Civil Procedure 15. Perry v. Schumacher Grp. of La., 891 F. 3d 954, 958 (11th Cir. 2018). Rule 15 authorizes a party to amend its complaint before trial with "the court's leave” and instructs the court to “freely give leave [to amend] when justice so requires." Fed. R. Civ. P. 15(a)(2). The court thus construes the parties' joint stipulation for dismissal as a motion to amend the complaint to eliminate the claim at issue, and it grants the construed motion to amend. See Transworld Food Serv., LLC v. Nationwide Mut. Ins. Co., No. 23-11444, 2023 WL 5841944, at *1, 2023 U.S. App. LEXIS 23940, at *3 (11th Cir. Sept. 11, 2023) (“[A]n ineffective dismissal of claims under Rule 41(a) c[an] be construed as a motion to amend the pleadings under Rule 15[.]" (citing Klay v. United Healthgroup, Inc., 376 F. 3d 1092, 1106 (11th Cir. 2004))).
Accordingly:
1. The construed motion to amend (Dkt. 28) is GRANTED. 2. The complaint (Dkt. 31) is amended such that the claims in count two are DISMISSED without prejudice.
ORDERED in Orlando, Florida, on June 24, 2025.
JULIE S. SNEED UNITED STATES DISTRICT JUDGE
Copies furnished to: Counsel of Record
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Authorities Cited
- Leonard J. Klay, M.D. v. United Healthgroup, Inc., 376 F.3d 1092 (11th Cir. 2004)
- City of Jacksonville v. Jacksonville Hospitality Holdings, L.P., 82 F.4th 1031 (11th Cir. 2023)
- Pamela M. Perry, M.D. v. The Schumacher Grp. OF La., 891 F.3d 954 (11th Cir. 2018)