Smith v. Board of Governors of the Colorado State University System

Filing 35

ORDER That the Defendant's Motion to Dismiss Pursuant to F.R.C.P. 12(b)(1) 13 is deemed withdrawn without prejudice; That the Stipulation of Dismissal of Plaintiffs Second Claim for Relief is approved; and That the plaintiffs second claim for relief2, negligent infliction of emotional distress, is dismissed with prejudice, by Judge Robert E. Blackburn on 2/16/2016. (evana, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Judge Robert E. Blackburn
Civil Action No. 15-cv-00770-REB-KMT
RODNEY SMITH, an individual,
Plaintiff,
v.
BOARD OF GOVERNORS OF THE COLORADO STATE UNIVERSITY SYSTEM,
Defendant.

ORDER DISMISSING CLAIM
Blackburn, J.
This matter is before me on the following: (1) the Notice of Withdrawal of
Motion To Dismiss [#32]1 filed February 12, 2016; and (2) the Stipulation of
Dismissal of Plaintiff’s Second Claim for Relief [#33] filed February 11, 2016. After
careful review of the notice, the stipulation, and the record, I conclude that the motion to
dismiss [#13] should be deemed withdrawn without prejudice. In addition, the
stipulation should be approved, and the plaintiff’s second claim for relief, negligent
infliction of emotional distress, should be dismissed with prejudice.
THEREFORE, IT IS ORDERED as follows:
1. That the Defendant's Motion to Dismiss Pursuant to F.R.C.P. 12(b)(1)
[#13] is deemed withdrawn without prejudice;

1

“[#32]” 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.

2. That the Stipulation of Dismissal of Plaintiff’s Second Claim for Relief is
approved; and
3. That the plaintiff’s second claim for relief2, negligent infliction of emotional
distress, is dismissed with prejudice.
Dated February 16, 2016, in Denver, Colorado.
BY THE COURT:

2

Titled “Third Claim for Relief” in the Complaint [#1] filed April 13, 2015.

2