Martensen v. Koch

Filing 94

ORDER of Dismissal as to Defendants, Michael McAuliffe and Richard Callahan, Only. Plaintiff's Notice of Dismissal Without Prejudice [# 91 ] filed February26, 2014, is APPROVED. Plaintiff's claims against defendants, Michael McAuliffe and Richard Callahan, are DISMISSED WITHOUT PREJUDICE. By Judge Robert E. Blackburn on 2/26/2014. (klyon, )

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Judge Robert E. Blackburn Civil Action No. 13-cv-02411-REB-CBS KIRBY MARTENSEN, Plaintiff, v. WILLIAM KOCH, OXBOW CARBON, LLC, OXBOW CARBON & MINERALS, LLC, OXBOW CARBON & MINERALS, INTERNATIONAL GmbH, MICHAEL MCAULIFFE, RICHARD CALLAHAN, and DOES 1-25, Defendants. ORDER OF DISMISSAL AS TO DEFENDANTS, MICHAEL MCAULIFFE AND RICHARD CALLAHAN, ONLY Blackburn, J. The matter is before me on the plaintiff’s Notice of Dismissal Without Prejudice [#91]1 filed February 26, 2014. After reviewing the notice and the record, I conclude that the notice should be approved and that plaintiff’s claims against defendants, Michael McAuliffe and Richard Callahan, should be dismissed without prejudice. 1 “[#91]” is an example of the convention I use to identify the docket number assigned to a specific paper by the court’s case management and electronic case filing system (CM/ECF). I use this convention throughout this order. THEREFORE, IT IS ORDERED as follows: 1. That plaintiff’s Notice of Dismissal Without Prejudice [#91] filed February 26, 2014, is APPROVED; 2. That plaintiff’s claims against defendants, Michael McAuliffe and Richard Callahan, are DISMISSED WITHOUT PREJUDICE; and 3. That defendants, Michael McAuliffe and Richard Callahan, are DROPPED as named parties to this litigation, and the case caption is amended accordingly. Dated February 26, 2014, at Denver, Colorado. BY THE COURT: 2

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