Santoyo v. Leprino Foods

Filing 19

ORDER granting 18 Motion to Dismiss Party. Party Ruben Estrada is Dismissed. Accordingly, Plaintiffs Fourth and Fifth Claims for Relief are DISMISSED from this action. by Chief Judge Wiley Y. Daniel on 9/11/09.(erv, )

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Chief Judge Wiley Y. Daniel Civil Action No. 09-cv-00908-WYD-MEH GLORIA HUIZAR, Plaintiff, v. RUBEN ESTRADA; and LEPRINO FOODS, Defendants. ORDER OF DISMISSAL OF DEFENDANT RUBEN ESTRADA THIS MATTER is before the Court on the Plaintiff's Motion to Dismiss Ruben Estrada (docket #18), filed September 11, 2009. After a careful review of the file, the Court has concluded that no responsive pleading has been filed by Defendant Ruben Estrada. Thus, I will treat Plaintiff's motion as a notice of dismissal under Fed. R. Civ. P. 41(a)(1)(A). I find that the notice of dismissal should be approved and Plaintiff's claims against Defendant Ruben Estrada should be dismissed. Accordingly, it is ORDERED that Plaintiff's Motion to Dismiss Ruben Estrada (docket #18), which the Court treats as a notice of dismissal, is APPROVED, and Defendant Ruben Estrada is DISMISSED from this action. Accordingly, Plaintiff's Fourth and Fifth Claims for Relief are DISMISSED from this action. It is FURTHER ORDERED that the clerk of the court shall amend the case caption to reflect this dismissal.

Dated: September 11, 2009 BY THE COURT: s/ Wiley Y. Daniel Wiley Y. Daniel Chief United States District Judge