Lester v. Gene Express, Inc. et al

Filing 29

ORDER. Plaintiffs notice and request, in the form of a letter 28 dated and filed 02/09/2010, to dismiss without prejudice certain claims within Count 1 of plaintiffs First Amended Civil Action Complaint 9 filed 12/14/2009, is GRANTED. Any and a ll claims against the individual defendants, Alfred C. Pollack, III, Nicholaos V. Lazaridis, Ph.D., and Gerald J. Vardzel, Jr., with respect to Count 1 of the First Amended Complaint are DISMISSED WITHOUT PREJUDICE. Any and all claims for severance p ay, reimbursement of travel expenses and health care costs against all defendants with respect to Count 1 of the plaintiffs First Amended Complaint, are DISMISSED WITHOUT PREJUDICE. The remaining claims within Count 1 of plaintiffs First Amended Complaint SHALL NOT BE AFFECTED by this order. By Judge Robert E. Blackburn on 02/10/2010. (sah, )

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Judge Robert E. Blackburn Civil Case No. 09-cv-02648-REB-KLM DAVID LESTER, PH.D., Plaintiff, v. GENE EXPRESS, INC., ALFRED C. POLLOCK, III, NIKOLAOS V. LAZARIDIS, PH.D., and GERALD J. VARDZEL, JR., Defendants. ORDER Blackburn, J. The matter before me is plaintiff's notice and request, in the form of a letter [#28] dated and filed February 9, 2010, to dismiss without prejudice certain claims within Count 1 of plaintiff's First Amended Civil Action Complaint [#9] filed December 14, 2009. After careful review of the request and the file, I conclude that the request should be granted. THEREFORE, IT IS ORDERED as follows: 1. That plaintiff's notice and request, in the form of a letter [#28] dated and filed February 9, 2010, to dismiss without prejudice certain claims within Count 1 of plaintiff's First Amended Civil Action Complaint [#9] filed December 14, 2009, is GRANTED; 2. That any and all claims against the individual defendants, Alfred C. Pollack, III, Nicholaos V. Lazaridis, Ph.D., and Gerald J. Vardzel, Jr., with respect to Count 1 of the First Amended Complaint are DISMISSED WITHOUT PREJUDICE;

3. That any and all claims for severance pay, reimbursement of travel expenses and health care costs against all defendants with respect to Count 1 of the plaintiff's First Amended Complaint, are DISMISSED WITHOUT PREJUDICE; and 4. That the remaining claims within Count 1 of plaintiff's First Amended Complaint SHALL NOT BE AFFECTED by this order. Dated February 10, 2010, at Denver, Colorado. BY THE COURT:

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