Flowers v. Caremark PhC, L.L.C

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
Case 4:24-cv-04031-SOH Document 72 Filed 02/06/25 Page 1 of 1 PageID #:
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