Allstate Fire and Casualty Insurance Company v. Prottsman et al

Filing 45

MINUTE ORDER by Magistrate Judge Kristen L. Mix on 3/23/15. Motion for Voluntary Dismissal without Prejudice [#43] is DENIED without prejudice.(lgale, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Civil Action No. 14-cv-02278-KLM
ALLSTATE FIRE AND CASUALTY INSURANCE COMPANY,
Plaintiff,
v.
GAYLE PROTTSMAN,
JENNIFER NEECE,
KENNETH NEECE,
LENORE CARRILLO,
TAMMARA GARNER,
SHERRIE DERR,
BARBARA PROTTSMAN, and
EMC INSURANCE,
Defendants.
_____________________________________________________________________
MINUTE ORDER
_____________________________________________________________________
ENTERED BY MAGISTRATE JUDGE KRISTEN L. MIX
This matter is before the Court on Plaintiff’s Motion for Voluntary Dismissal
without Prejudice [#43] (the “Motion”) pursuant to Fed. R. Civ. P. 41(a)(2).
IT IS HEREBY ORDERED that the Motion [#43] is DENIED without prejudice. Due
to constraints regarding dismissal of parties who have not entered appearances and who
have not consented to the jurisdiction of the undersigned, Plaintiff may achieve its request
for voluntary dismissal of this action without prejudice by (1) filing a notice of dismissal
pursuant to Fed. R. Civ. P. 41(a)(1)(A)(i) as to Defendants Gayle Prottsman, Lenore Carillo,
Tammara Garner, and Barbara Prottsman, and (2) then filing a motion pursuant to Fed. R.
Civ. P. 41(a)(2) as to the remaining Defendants.
Dated: March 23, 2015