Conkleton v. Zavaras et al

Filing 125

ORDER re: 111 Plaintiffs Notice of Dismissal of Claims Five and Seven of this action pursuant to Fed. R. Civ. P. 41(a)(1)(A). It is therefore ORDERED that Claims Five and Seven of the Amended Complaint are DISMISSED WITHOUT PREJUDICE. by Chief Judge Wiley Y. Daniel on 1/22/2010. (erv, )

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Chief Judge Wiley Y. Daniel Civil Action No. 08-cv-02612-WYD-MEH JAMES K. CONKLETON, Plaintiff, v. ARISTEDES W. ZAVARAS, et al., Defendants. ORDER THIS MATTER is before the Court on Plaintiff's Notice of Dismissal filed December 1, 2009. Plaintiff states therein that he seeks to dismiss Claims Five and Seven of this action pursuant to Fed. R. Civ. P. 41(a)(1)(A). That rule, however, permits a party to dismiss their claims without Order of the Court only if an answer or motion for summary judgment has not been filed. Id. In this case an Answer was filed on May 18, 2009. Nonetheless, Defendants state in a response filed on January 13, 2010, that they do not object to the Notice and request that these claims be dismissed. Accordingly, I find that dismissal of these claims is appropriate. It is therefore ORDERED that Claims Five and Seven of the Amended Complaint are DISMISSED WITHOUT PREJUDICE.

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Dated: January 22, 2010 BY THE COURT: s/ Wiley Y. Daniel Wiley Y. Daniel Chief United States District Judge

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