Clouser et al v. Sierra Nevada Corporation et al

Filing 15

Minute Order. The case was dismissed without prejudice as of the entry of the Motion to Dismiss. No order of dismissal is necessary. Entered by Judge Philip A. Brimmer on 01/28/16. (jhawk, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Judge Philip A. Brimmer
Civil Action No. 15-cv-02197-PAB-MEH
CHRISTOPHER CLOUSER and
ANA CLOUSER,
Plaintiffs,
v.
SIERRA NEVADA CORPORATION, a Nevada corporation, and
UNITED STATES OF AMERICA,
Defendants.
_____________________________________________________________________
MINUTE ORDER
_____________________________________________________________________
Entered by Judge Philip A. Brimmer
This matter is before the Court on plaintiff’s Motion to Dismiss Without Prejudice
and to Vacate Status/Scheduling Conference, which the Court construes as a notice of
dismissal pursuant to Fed. R. Civ. P. 41(a)(1)(A)(i). Plaintiff requests the entry of an
order dismissing the case without prejudice. The notice, however, complies with
Federal Rule of Civil Procedure 41(a)(1)(A)(i), which provides that the “plaintiff may
dismiss an action without a court order by filing: . . . a notice of dismissal before the
opposing party serves either an answer or a motion for summary judgment.” (emphasis
added). Therefore, the case was dismissed without prejudice as of the entry of the
Motion to Dismiss. No order of dismissal is necessary.
DATED January 28, 2016.