Oleynikova v. Department of Human Services et al

Filing 57

ORDER granting 53 Stipulated Motion to Dismiss Plaintiff's Fourth and Fifth Claims for Relief With Prejudice Pursuant to Fed. R. Civ. P. Rule 41(a)(ii). Pursuant to Fed. R. Civ. P. 41(a), plaintiffs fourth and fifth claims for relief are dism issed with prejudice, with each party to bear its own attorneys fees and costs. The caption of this case shall be amended as reflected in the caption in this Order, reflecting that Ms. Beye is no longer being sued in her individual capacity, by Judge Philip A. Brimmer on 3/12/10.(ebs, )

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Judge Philip A. Brimmer Civil Case No. 09-cv-01019-PAB-KMT TAISSIYA OLEYNIKOVA, Plaintiff, v. STATE OF COLORADO, DEPARTMENT OF HUMAN SERVICES, KAREN L. BEYE, in her official capacity, GALINA KRIVORUK, in her individual capacity, and RONALD OZGA, in his individual capacity, Defendants. _____________________________________________________________________ ORDER OF DISMISSAL OF FOURTH AND FIFTH CLAIMS FOR RELIEF WITH PREJUDICE _____________________________________________________________________ THIS MATTER comes before the Court upon the Stipulated Motion to Dismiss Plaintiff's Fourth and Fifth Claims for Relief With Prejudice Pursuant to Fed. R. Civ. P. Rule 41(a)(ii) [Docket No. 53]. The Court has reviewed the pleading and is fully advised in the premises. It is ORDERED that the stipulated motion to dismiss [Docket No. 53] is granted. It is further ORDERED that, pursuant to Fed. R. Civ. P. 41(a), plaintiff's fourth and fifth claims for relief are dismissed with prejudice, with each party to bear its own attorneys' fees and costs. It is further

ORDERED that the caption of this case shall be amended as reflected in the caption in this Order, reflecting that Ms. Beye is no longer being sued in her individual capacity. DATED March 12, 2010. BY THE COURT:

s/Philip A. Brimmer PHILIP A. BRIMMER United States District Judge

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