McGowan v. Board of Trustees for Metropolitan State University of Denver et al

Filing 46

ORDER Denying as moot 27 defendants Motion to Dismiss Counts Two and Three of the Amended Complaint Pursuant to Fed. R. Civ. P. 12(b)(1), by Magistrate Judge Boyd N. Boland on 7/15/2014.(evana, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Magistrate Judge Boyd N. Boland
Civil Action No. 13-cv-01716-WJM-BNB
ANGELIA MCGOWAN,
Plaintiff,
v.
BOARD OF TRUSTEES FOR METROPOLITAN STATE UNIVERSITY OF DENVER,
Defendant.
______________________________________________________________________________
ORDER
______________________________________________________________________________
This matter arises on the defendant’s Motion to Dismiss Counts Two and Three of the
Amended Complaint Pursuant to Fed. R. Civ. P. 12(b)(1) [Doc. # 27, filed 3/31/2014] (the
“Motion to Dismiss in Part”). Subsequently, the parties filed a Stipulation to Dismiss Counts
Two and Three [Doc. # 45, filed 7/9/2014] (the “Stipulation”). The Stipulation is made under
Fed. R. Civ. P. 41(a)(1)(A)(ii), which allows the parties to dismiss claims or an action without a
court order by filing “a stipulation of dismissal signed by all parties who have appeared.” The
stipulation is signed by counsel for the plaintiff and the defendant, the only parties appearing.
Consequently, Claims two and three of the Amended Complaint were dismissed by the filing of
the Stipulation, rendering moot the Motion to Dismiss in Part, which sought dismissal of those
same claims.
IT IS ORDERED that the Motion to Dismiss in Part [Doc. # 27] is DENIED as moot.

Dated July 15, 2014.
BY THE COURT:
s/ Boyd N. Boland
United States Magistrate Judge

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