Schudel et al v. Miller et al

Filing 40

ORDER DISMISSING A PARTY. 37 The Notice of Voluntary Dismissal of Timothy Stitt as a Plaintiff is APPROVED. The claims of the plaintiff Timothy Stitt against the defendants are DISMISSED WITH PREJUDICE, with the parties to bear their attorney fees and costs. Plaintiff Timothy Stitt is DROPPED as a party to this action. By Judge Robert E. Blackburn on 11/2/12. (mjgsl, )

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Judge Robert E. Blackburn Civil Case No. 12-cv-01864-REB-KLM JEFFREY SCHUDEL and TIMOTHY STITT, Plaintiff, v. LA SALLE POLICE OFFICER DAVID MILLER, in his individual and official capacity, LA SALLE POLICE OFFICER VICTOR ERAZO, in his individual and official capacity, and DALE PARRISH, ESQ., Defendants. ORDER DISMISSING A PARTY Blackburn, J. The matter before me is the Notice of Voluntary Dismissal of Timothy Stitt as a Plaintiff Pursuant to Federal Rule of Civil Procedure 41(a) [#37] filed October 31, 2012, by plaintiff Timothy Stitt. After careful review of the notice and the file, I conclude that the notice should be approved and that plaintiff’s claims against the defendants, La Salle Police Officer David Miller, in his individual and official capacity, La Salle Police Officer Victor Erazo, in his individual and official capacity, and Dale Parrish, Esq., should be dismissed with prejudice. THEREFORE, IT IS ORDERED as follows: 1. That the Notice of Voluntary Dismissal of Timothy Stitt as a Plaintiff Pursuant to Federal Rule of Civil Procedure 41(a) [#37] filed October 31, 2012, by plaintiff Timothy Stitt is APPROVED; 2. That the claims of the plaintiff Timothy Stitt against the defendants, La Salle Police Officer David Miller, in his individual and official capacity, La Salle Police Officer Victor Erazo, in his individual and official capacity, and Dale Parrish, Esq., are DISMISSED WITH PREJUDICE, with the parties to bear their attorney fees and costs; and 3. That plaintiff Timothy Stitt is DROPPED as a party to this action, and the caption shall be amended accordingly. Dated at Denver, Colorado, November 2, 2012. BY THE COURT: 2

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