Taylor v. FedEx Ground Package System Inc
ORDER OF DISMISSAL AS TO DEFENDANT FEDEX CORPORATION, ONLY: Plaintiff's 11 Notice of Voluntary Dismissal of Lawsuit against Defendant FedEx Corporation without prejudice is APPROVED. Plaintiff's claims against defendant FedEx Corporation are DISMISSED WITHOUT PREJUDICE. By Judge Robert E. Blackburn on 1/22/2015. (alowe)
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Judge Robert E. Blackburn
Civil Action No. 15-cv-00013-REB-BNB
SHANITA TAYLOR, individually and on behalf of all others similarly situated,
FEDEX GROUND PACKAGE SYSTEM, INC., a Delaware corporation, and
FEDEX CORPORATION, a Delaware corporation,
ORDER OF DISMISSAL AS TO DEFENDANT FEDEX CORPORATION, ONLY
The matter is before the court on Plaintiff’s Notice of Voluntary Dismissal of
Lawsuit Against Defendant FedEx Corporation Without Prejudice [#11],1 filed
January 20, 2015. Pursuant to Fed. R. Civ. P. 41(a)(1), no court order is necessary to
effectuate a dismissal of a party which has not yet answered or filed motion for
summary judgment, and the dismissal became effective immediately on filing the notice.
See 9 C. Wright, A. Miller, M. Kane, R. Marcus, and A. Steinman, Federal Practice &
Procedure § 2363 (3rd ed.); Janssen v. Harris, 321 F.3d 998, 1000-01 (10th Cir. 2003);
Bunner v. Koch, 2009 WL 798539 at *1 (D. Colo. March 24, 2009). I thus conclude
that the notice should be approved and that plaintiff’s claims against defendant FedEx
Corporation should be dismissed without prejudice.
“[#11]” 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 Voluntary Dismissal of Lawsuit Against
Defendant FedEx Corporation Without Prejudice [#11], filed January 20, 2015, is
2. That plaintiff’s claims against defendant FedEx Corporation are DISMISSED
WITHOUT PREJUDICE; and
3. That defendant FedEx Corporation is DROPPED as a named party to this
action, and the case caption is amended accordingly.
Dated January 22, 2015, at Denver, Colorado.
BY THE COURT:
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