Blount v. Major, et al

Filing 112

MEMORANDUM AND ORDER : IT IS HEREBY ORDERED that the motion of plaintiff to dismiss with prejudice his claims against defendants HBS Co. (aka Hudson Services), Keith S. Major, Nicholas R. Shelton, Erich J. VonNida, Ezell T. Cody, Jr., Matthew Harm on, and Casino One Corporation (aka Lumiere Casino, aka Lumiere Place & Hotels, aka Lumiere, Place Casino & Hotels) (ECF No. 111 ) is SUSTAINED. Said claims against those defendants are dismissed with prejudice. IT IS FURTHER ORDERED that the case go forward on plaintiff's claims against defendants Zachary Nicholay, Matthew Miller, and Albert Napier.IT IS FURTHER ORDERED that a status conference of counsel for allremaining parties with the court is set for September 21, 2016, at 1:30 p.m. ( Status Conference set for 9/21/2016 01:30 PM in Courtroom 17N before Magistrate Judge David D. Noce.). Signed by Magistrate Judge David D. Noce on 9/12/16. (KKS)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
EASTERN DIVISION

JAMES P. BLOUNT
Plaintiff,
v.
ZACHARY NICHOLAY,
MATTHEW MILLER, and
ALBERT NAPIER,
Defendants.

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No. 4:15 CV 322 DDN

MEMORANDUM AND ORDER
This action is before the court on the motion of plaintiff James P. Blount to
dismiss voluntarily certain defendants with prejudice with the consent of those
defendants. (ECF No. 111.)
On February 19, 2015, plaintiff Blount commenced this action against defendants
Casino One Corporation and certain individuals in their individual capacities.1 In his first
amended complaint, plaintiff seeks relief under Missouri state law and 42 U.S.C. § 1983,
invoking the court's federal question jurisdiction under 28 U.S.C. § 1331 and
supplemental jurisdiction under 28 U.S.C. § 1367(a). (ECF No. 41.)
Plaintiff's amended complaint seeks relief upon claims against defendants Zachary
Nicholay, Keith Major, Ezell T. Cody Jr., Nicholas Shelton, Erich VonNida, Matthew
Miller, Albert Napier, HBS, Co., Matthew Harmon, and Casino One Corporation. (Id.)
Now, by his voluntary motion to dismiss, plaintiff dismisses with prejudice his
claims against the following defendants with their consent: HBS Co. (aka Hudson
Services), Keith S. Major, Nicholas R. Shelton, Erich J. VonNida, Ezell T. Cody, Jr.,

1

Several defendants were dropped by plaintiff’s first amended complaint, filed on March
16, 2015. (ECF No. 41.)

Matthew Harmon, and Casino One Corporation (aka Lumiere Casino, aka Lumiere Place
& Hotels, aka Lumiere, Place Casino & Hotels). (ECF No. 111.)
Therefore, the only claims remaining for determination are plaintiff's claims
against defendants Zachary Nicholay, Matthew Miller, and Albert Napier. (ECF No. 41.)
The court's Amended Case Management Order (ECF No. 108) remains in effect.
Thereupon,
IT IS HEREBY ORDERED that the motion of plaintiff to dismiss with prejudice
his claims against defendants HBS Co. (aka Hudson Services), Keith S. Major, Nicholas
R. Shelton, Erich J. VonNida, Ezell T. Cody, Jr., Matthew Harmon, and Casino One
Corporation (aka Lumiere Casino, aka Lumiere Place & Hotels, aka Lumiere, Place
Casino & Hotels) (ECF No. 111) is SUSTAINED. Said claims against those defendants
are dismissed with prejudice.
IT IS FURTHER ORDERED that the case go forward on plaintiff's claims
against defendants Zachary Nicholay, Matthew Miller, and Albert Napier.
IT IS FURTHER ORDERED that a status conference of counsel for all
remaining parties with the court is set for September 21, 2016, at 1:30 p.m.

/S/ David D. Noce
u
UNITED STATES MAGISTRATE JUDGE
Signed on September 12, 2016.

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