Tax Services of America, Inc. v. Mitchell et al

Filing 195

ORDER Discharging to Show Cause. Ordered that the Order to Show Cause 190 is Discharged. Ordered that the Fourth, Fifth, Seventh, and Ninth Claims for Relief asserted by plaintiff, Tax Services of America, Inc., against defendants, Linda Mitchell and Hamidou Diarra, are dismissed without prejudice by Judge Robert E. Blackburn on 06/01/09. (jjh, )

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Judge Robert E. Blackburn Civil Case No. 07-cv-00249-REB-KLM TAX SERVICES OF AMERICA, INC., Plaintiff, v. LINDA MITCHELL, HAMIDOU DIARRA, and KERRY DYLES, Defendants.

ORDER DISCHARGING TO SHOW CAUSE Blackburn, J. This matter is before me sua sponte. On May 22, 2009, I ordered plaintiff to show cause in writing why its Fourth, Fifth, Seventh, and Ninth Claims for Relief against defendants Linda Mitchell and Hamidou Diarra should not be dismissed. Plaintiff filed a timely response, wherein it moved to dismiss these claims pursuant to Fed.R.Civ.P. 41(a)(2). I find that course of action proper and therefore will dismiss those claims THEREFORE, IT IS ORDERED as follows: 1. That the Order To Show Cause [#190], filed May 22, 2009, is DISCHARGED; and

2. That the Fourth, Fifth, Seventh, and Ninth Claims for Relief asserted by plaintiff, Tax Services of America, Inc., against defendants, Linda Mitchell and Hamidou Diarra, are DISMISSED WITHOUT PREJUDICE pursuant to Fed.R.Civ.P. 41(a)(2). Dated June 1, 2009, at Denver, Colorado. BY THE COURT:

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