McCulley et al v. Board of County Commissioners of the County of Jefferson, Colorado, The et al

Filing 15

ORDER pursuant to Plaintiffs' Notice of Voluntary Dismissal and Fed. R. Civ. P. 41(a), defendant Board of County Commissioners of the County of Jefferson, Colorado and all claims to the extent that they are asserted against the Board, are dismis sed from this case, with each party to bear its own attorneys fees and costs. Denying as moot 9 Jefferson County Board of County Commissioners' Combined Motion and Brief to Dismiss, and denying as moot 10 Defendant Board of County Commissioners' Motion to Stay Discovery Based on Governmental Immunity, by Judge Philip A. Brimmer on 4/13/09.(ebs, )

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Judge Philip A. Brimmer Civil Case No. 09-cv-00563-PAB-BNB JOHN MCCULLEY and CARMEN MCCULLEY, Plaintiffs, v. BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF JEFFERSON, COLORADO and KAYCEE STARKEY, Defendants. ORDER This matter is before the Court on plaintiffs' Notice of Voluntary Dismissal Pursuant to Fed. R. Civ. P. 41(a)(1)(A)(i) in which plaintiffs seek to voluntarily dismiss without prejudice from this case defendant Board of County Commissioners of the County of Jefferson, Colorado. This defendant has not filed an answer or motion for summary judgment. Therefore, the notice is accepted and it is ORDERED that pursuant to Fed. R. Civ. P. 41(a), defendant Board of County Commissioners of the County of Jefferson, Colorado and all claims to the extent that they are asserted against the Board, are DISMISSED from this case, with each party to bear its own attorneys' fees and costs. It is further ORDERED that Jefferson County Board of County Commissioners' Combined Motion and Brief to Dismiss [Docket No. 9] and Defendant Board of County Commissioners' Motion to Stay Discovery Based on Governmental Immunity [Docket No. 10] are DENIED as moot. DATED this 13th day of April, 2009, at Denver, Colorado. BY THE COURT: s/Philip A. Brimmer PHILIP A. BRIMMER United States District Judge 2

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