Spinella v. Stadler et al

Filing 9

ORDER of Dismissal Without Prejudice by Chief Judge Wiley Y. Daniel on 01/18/12. (jjh, )

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Chief Judge Wiley Y. Daniel Civil Action No. 11-cv-02853-WYD-BNB JOSEPH G. SPINELLA, Derivatively On Behalf of AGFEED INDUSTRIES, INC., Plaintiff, v. JOHN A. STADLER; K. IVAN F. GOTHNER; BRUCE GINN; MILTON P. WEBSTER, III; LIXIANG ZHANG; DAVID MICHAEL JOHNSON; SONGYAN LI; ARNOLD STALOFF; FREDRIC RITTEREISER; and JUNHONG XIONG, Defendants. ORDER OF DISMISSAL THIS MATTER is before the Court on the Notice of Voluntary Dismissals filed on January 18, 2012 by Plaintiff Joseph G. Spinella in this action and by the Plaintiffs in another related case, Civil Action No. 11-cv-02914-CMA-CBS. These Plaintiffs had previously filed a motion to consolidate the two actions that is pending before the Court. As the cases are not yet consolidated, this Order is entered only in this action. In accordance with the Notice of Voluntary Dismissal, it is ORDERED that this case is DISMISSED WITHOUT PREJUDICE pursuant to Fed. R. Civ. P. 41(a)(1)(A)(i). Dated: January 18, 2012 BY THE COURT: s/ Wiley Y. Daniel Wiley Y. Daniel Chief United States District Judge -2-

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