Flowers v. Caremark PhC, L.L.C

Opinion

IN THE UNITED STATES DISTRICT COURT WESTERN DISTRICT OF ARKANSAS TEXARKANA DIVISION

KEVIN FLOWERS, individually and on Behalf of himself and all others similarly situated PLAINTIFF

v. Case No. 4:24-cv-4031

CAREMARKPCS HEALTH, L.L.C. and CAREMARKPCS PENNSYLVANIA MAIL PHARMACY, L.L.C. d/b/a CVS CAREMARK DEFENDANT

ORDER

Before the Court is a Stipulation to Dismissal of Count I of Second Amended Class Action Complaint. ECF No. 69. The parties stipulate that Count I (violation of the Arkansas Unfair Practices Act, Ark. Code. Ann. § 4-75-201 et seq.) of the Second Amended Class Action Complaint should be dismissed with prejudice pursuant to Federal Rule of Civil Procedure 41(a)(1)(A)(ii). The Court notes, however, that Rule 41 cannot be used to dismiss part of a lawsuit, but only an action in its entirety. See Perry v. Schumacher Grp. of La., 891 F.3d 954, 958 (11th Cir. 2018). Thus, the Court construes the instant Stipulation of Dismissal as a Motion to Dismiss Count I filed by Defendant under Federal Rule of Civil Procedure 12(b)(6), and, consistent with the parties’ intent, the Court GRANTS that motion and dismisses Count I with prejudice. See Brooks. v. Am. Fam. Ins. Co., No. 21-CV-95 CJW-MAR, 2022 WL 17475775 (N.D. Iowa Dec. 6, 2022). IT IS SO ORDERED, this 6th day of February, 2025.

/s/ Susan O. Hickey Susan O. Hickey Chief United States District Judge