Howard et al v. J&A Services, Inc. et al
Filing
92
ORDER granting #88 Joint Motion for Dismissal without Prejudice. Opt-In Plaintiff Mark Turner is hereby dismissed from this action without prejudice. By Judge Raymond P. Moore on 3/6/2014. (klyon, ) Modified on 3/6/2014 to correct text (klyon, ).
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Judge Raymond P. Moore
Civil Action No. 12-cv-02987-RM-MJW
BUCK HOWARD, individually and on behalf of all others similarly situated, and
PAT MARTIN, individually and on behalf of all others similarly situated,
Plaintiffs,
v.
J&A SERVICES, L.L.C.,
TEXAS J&A SERVICE, L.L.C.,
JAMES WHITELY, and
ANN MARIE WHITELY,
Defendants.
______________________________________________________________________________
ORDER
______________________________________________________________________________
THIS MATTER is before the Court on the parties’ Joint Motion for Dismissal without
Prejudice (“Joint Motion”) (ECF No. 88) as to Mark Turner, an Opt-In Plaintiff in the abovecaptioned matter. On March 6, 2014, the Court held a hearing regarding this Joint Motion and
other matters. At the hearing, Plaintiffs’ counsel supplemented the Joint Motion by advising the
Court that, as counsel for Mr. Turner, it is his understanding and belief based on Mr. Turner’s
unresponsiveness to all inquiries from counsel that Mr. Turner has abandoned this litigation and,
accordingly, counsel seeks dismissal of Mr. Turner as well. Also during the hearing, the parties
agreed to the following:
1. The dismissal, without prejudice, of Mr. Turner with leave to refile his claims
individually against Defendants;
2. If Mr. Turner files a new lawsuit against Defendants within 60 days of the date of this
Order, Defendants will treat Mr. Turner’s claims as if they had been filed on
November 27, 2012, which was the date his consent to join this lawsuit was filed with
the Court; and
3. Plaintiffs’ counsel shall serve on Mr. Turner, by mail at this last known address and
by email, a copy of this Order and written notification of his dismissal and leave to
refile. Such service shall be made at the following times: (i) upon receipt of the
Order; (ii) 20 days of the date of this Order; and (iii) 40 days of the date of this Order.
Plaintiffs’ counsel shall file a certificate of compliance with the Court after the last
service on Mr. Turner.
Upon consideration of the Joint Motion, as modified by the parties’ agreement on the
record before the Court, and being otherwise fully advised in the premises, it is
ORDERED as follows:
1. The parties’ Joint Motion (ECF No. 88) is GRANTED pursuant to the parties’ request
and agreement as stated herein and Opt-In Plaintiff Mark Turner is hereby dismissed
from this action without prejudice;
2. Plaintiffs’ counsel shall serve on Mr. Turner, by mail at this last known address and
by email, a copy of this Order and written notification of his dismissal and leave to
refile. Such service shall be made at the following times: (i) upon receipt of the
Order; (ii) 20 days of the date of this Order; and (iii) 40 days of the date of this Order;
and
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3. Plaintiffs’ counsel shall file a certificate of compliance with the Court after the last
service on Mark Turner ordered in paragraph 2 above.
DATED this 6th day of March, 2014.
BY THE COURT:
____________________________________
RAYMOND P. MOORE
United States District Judge
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