Daniels et al v. Colorado Federal Savings Bank et al

Filing 14

ORDER DISMISSING DEFENDANT MILLSAP & SINGER, LLC WITHOUT PREJUDICE. Signed on 5/27/14 by District Judge Ortrie D. Smith. (Doc. 2 terminated. Order mailed to Plaintiffs.) (Matthes, Renea)

IN THE UNITED STATES DISTRICT COURT FOR THE
WESTERN DISTRICT OF MISSOURI
WESTERN DIVISION
CALVIN DANIELS and MANETHIA DANIELS, )
)
Plaintiffs,
)
)
vs.
)
)
COLORADO FEDERAL SAVINGS BANK,
)
et al.,
)
)
Defendants.
)

Case No. 14-0303-CV-W-ODS

ORDER DISMISSING DEFENDANT MILLSAP & SINGER, LLC
WITHOUT PREJUDICE
On April 2, 2014, Defendant Millsap & Singer, LLC filed a Motion to Dismiss.
Plaintiffs did not respond, and on April 28 the Court issued an Order directing Plaintiffs
to show cause why Millsap & Singer should not be dismissed. Plaintiffs responded on
May 8 by filing a Notice of Voluntary Dismissal whereby they seek to have Millsap &
Singer dismissed without prejudice. Millsap & Singer has not responded to this effort.
The Court elects to dismiss Millsap & Singer without prejudice. The Court notes
that while Millsap & Singer’s presence deprived the Court of diversity jurisdiction,
Plaintiff’s dismissal removes this difficulty and the case need not be remanded. Cf.
Knudson v. Systems Painters, Inc., 634 F.3d 968, 975-76 (8th Cir. 2011).
The Court expresses no view on Millsap & Singer’s Motion to Dismiss (Doc. # 2),
which is denied as moot. The Court also expresses no view on the argument
(presented in Defendants’ Notice of Removal) that Millsap & Singer was fraudulently
joined.
IT IS SO ORDERED.

DATE: May 27, 2014

/s/ Ortrie D. Smith
ORTRIE D. SMITH, SENIOR JUDGE
UNITED STATES DISTRICT COURT