Williams v. O'Reilly Automotive Stores Inc ( 2024 )

UNITED STATES DISTRICT COURT WESTERN DISTRICT OF OKLAHOMA RONNY WILLIAMS, ) ) Plaintiff, ) ) vs. ) Case No. CIV-23-1026-R ) O’REILLY AUTOMOTIVE STORES, ) INC. and O’REILLY AUTOMOTIVE ) INC., ) Defendants. ) ORDER On October 23, 2024, Defendant O’Reilly Automotive Inc. filed a Motion for Partial Summary Judgment [Doc. No. 20]. Plaintiff did not timely respond to the motion. Instead, on November 13, 2024, Plaintiff filed a document titled “Dismissal Without Prejudice of Defendant O’Reilly Automative, Inc.” [Doc. No. 25]. Federal Rule of Civil Procedure 41 “is the proper mechanism by which to dismiss all claims against one defendant.” Southcrest, L.L.C. v. Bovis Lend Lease, Inc., No. 10- CV-0362-CVE-FHM, 2011 WL 1793388, at *3 (N.D. Okla. May 11, 2011). Under this Rule, the plaintiff may dismiss an action without a court order by filing a notice of dismissal before the opposing party serves either an answer or a motion for summary judgment. Fed. R. Civ. P. 41(a)(1)(A)(i). Otherwise, the plaintiff may file a stipulation of dismissal signed by all parties who have appeared or file a motion seeking a court order of dismissal. Id. at § (a)(1)(A)(ii); § (a)(2). Plaintiff's filing does not appear to comply with Rule 41’s requirements and is therefore not self-executing. Accordingly, unless Plaintiff promptly files a proper stipulation of dismissal or a motion seeking dismissal, the Court will consider Defendant’s Motion for Partial Summary Judgment as still pending for disposition. IT IS SO ORDERED this 18" day of November 2024. DAVID L. RUSSELL UNITED STATES DISTRICT JUDGE