Johnson v. Colorado Mill Equipment, LLC

Filing 23

ORDER. ORDERED that plaintiff, Lance Johnson's, motion to dismiss 22 is GRANTED and this action is DISMISSED WITHOUT PREJUDICE. ORDERED that the Clerk of Court shall administratively close this civil action by Chief Judge Wiley Y. Daniel on 11/29/12. (jjhsl, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Chief Judge Wiley Y. Daniel
Civil Action No. 12-cv-00855-WYD-KMT
LANCE JOHNSON,
Plaintiff,
v.
COLORADO MILL EQUIPMENT, LLC, a Colorado limited liability company,
Defendant.
______________________________________________________________________
ORDER
______________________________________________________________________
THIS MATTER is before the Court on plaintiff, Lance Johnson’s, motion to
dismiss [ECF No. 22], filed on October 10, 2012. Johnson states that the parties have
reached a settlement agreement and moves the Court to dismiss the present action
without prejudice, and retain jurisdiction over the action to enforce the terms of the
settlement agreement.
After careful consideration, I GRANT Johnson’s motion to dismiss [ECF No. 22].
However, I exercise my discretion and will not retain jurisdiction over this action in order
to enforce the parties’ settlement agreement. Pursuant to D.C.Colo.LCivR 42.21, I
ORDER that the Clerk of Court administratively close this action. This administrative
closure is subject to reopening for good cause. Thus, if a party seeks to enforce the
settlement agreement at a later date, it must move to reopen this action and show good
cause therefor. Accordingly, it is
1

Pursuant to D.C.Colo.LCivR 42.2, “[a] district judge or a magistrate judge exercising consent jurisdiction
may direct the clerk to close a civil action administratively subject to reopening for good cause.”

ORDERED that plaintiff, Lance Johnson’s, motion to dismiss [ECF No. 22] is
GRANTED and this action is DISMISSED WITHOUT PREJUDICE. It is
FURTHER ORDERED that the Clerk of Court shall administratively close this
civil action.
Dated: November 29, 2012
BY THE COURT:

s/ Wiley Y. Daniel
Wiley Y. Daniel
Chief U. S. District Judge