Cincinnati Insurance Company v. Schmidt & Stacy Consulting Engineers, Inc. et al

Filing 18

ORDER Denying 17 Notice of Voluntary Dismissal of Claims against Defendant Schmidt & Stacy Consulting Engineers, Inc., filed by Cincinnati Insurance Company. The rule is not applicable because the defendant has appeared and participated in these proceedings. Accordingly, under Rule 41(a) (1)(A)(ii), a stipulation of dismissal signed by all parties that have appeared is required, by Judge Richard P. Matsch on 3/24/2015. (evana, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Civil Action No. 14-cv-00286-RPM
CINCINNATI INSURANCE COMPANY,
as subrogee of Landmark Towers Condominium
Association, Inc.,
Plaintiff,
v.
SCHMIDT & STACY CONSULTING ENGINEERS, INC.
and TOTAL PLUMBING, INC., a/k/a TOTAL PLUMBING & HEATING,
Defendants.
_____________________________________________________________________
ORDER DENYING VOLUNTARY DISMISSAL OF CLAIMS AGAINST DEFENDANT
SCHMIDT & STACY CONSULTING ENGINEERS, INC.
_____________________________________________________________________
Today the plaintiff filed a motion to dismiss all claims against Defendant Schmidt
& Stacy Consulting Engineers, Inc., without prejudice under Fed.R.Civ.P. 41. The rule
is not applicable because the defendant has appeared and participated in these
proceedings. Accordingly, under Rule 41(a)(1)(A)(ii), a stipulation of dismissal signed
by all parties that have appeared is required. Accordingly, it is
ORDERED that dismissal is not granted.
Dated: March 24th, 2015.
BY THE COURT:
s/Richard P. Matsch
_________________________________
Richard P. Matsch, Senior District Judge