Taylor v. FedEx Ground Package System Inc

Filing 13

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)

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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, Plaintiff, v. FEDEX GROUND PACKAGE SYSTEM, INC., a Delaware corporation, and FEDEX CORPORATION, a Delaware corporation, Defendants. ORDER OF DISMISSAL AS TO DEFENDANT FEDEX CORPORATION, ONLY Blackburn, J. 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. 1 “[#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 APPROVED; 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: 2

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