Main v. Martin et al

Filing 180

ORDER granting 176 Plaintiff's Motion to Dismiss. Complaint is dismissed without prejudice. Each party to bear their own attorney's fees and costs, by Judge Walker D. Miller on 5/8/09.(gmssl, )

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Senior Judge Walker D. Miller Civil Action No. 06-cv-00232-WDM-MJW ROY J. MAIN, Plaintiff, v. GEORGE HUBBS, Defendant. ORDER ON MOTION TO DISMISS Miller, J. This matter is before me on Plaintiff's Motion to Dismiss (Docket No. 176), filed on May 7, 2009, which seeks to "Dismiss George Hubbs as a Defendant in this case and to close out this case." Defendant filed a response stipulating to the motion to dismiss and indicating that he does not seek fees or costs from Plaintiff. Therefore, as Defendant Hubbs is the only remaining defendant in this case and stipulates to the dismissal, I dismissal is appropriate in this case pursuant to Fed. R. Civ. P. 41(a)(2) under the terms that the parties have specified in their respective filings. As the motion to dismiss does not state otherwise, the dismissal is without prejudice. See Fed. R. Civ. P. 41(a)(2). Accordingly, it is ordered: 1. Plaintiff's Motion to Dismiss (Docket No. 176) is granted.

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2. 3.

The complaint is dismissed without prejudice. Each party shall bear his own attorney's fees and costs. DATED at Denver, Colorado, on May 8, 2009. BY THE COURT:

s/ Walker D. Miller United States District Judge

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