Runkle v. Rosauers Supermarkets, Inc. et al
ORDER finding as moot 12 Motion to Dismiss; finding as moot 21 Motion to Dismiss. Ms. Runkles MHRA claims are considered dismissed without prejudice, and Defendants motions to dismiss denied as moot. Signed by Magistrate Judge Jeremiah C. Lynch on 12/11/2017. (APP) Copy to Runkle
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF MONTANA
ELIZABETH T. RUNKLE,
ROSAUERS SUPERMARKETS, INC.,
BOB BURRIS, RAY SPRINKLE, and
STEVEN H. WINTERBAUER,
Before the Court are Defendants Rosauers Supermarkets, Inc., Bob Burris,
and Ray Sprinkle’s Fed. R. Civ. P. 12(b)(6) motions to dismiss Plaintiff Elizabeth
Runkle’s claims of discrimination under the Montana Human Rights Act
(“MHRA”) as time-barred.1 See Mont. Code Ann. §§ 49-2-511(3)(a) and 49-2512(3).
In response to Defendants’ motion, Ms. Runkle, appearing pro se, states that
Defendants have withdrawn their motions to dismiss as they pertain to Ms.
Runkle’s claim under the Americans with Disabilities Act, and Runkle has
dropped her claims as against Defendant Steven Winterbauer.
she timely filed claims of discrimination under the MHRA in the Montana
Eleventh Judicial District Court, Flathead County, on March 21, 2017, but has not
as of yet effected service on the Defendants. And she states her belief that her
MHRA claims are properly pursued in the state court action.
Considering Ms. Runkle’s pro se status, the Court views her response as
notice of voluntary dismissal, without prejudice, of her MHRA claims pursuant to
Fed. R. Civ. P. 41(a)(1)(A)(I). Because the Defendants have not filed an answer
or motion for summary judgment, Ms. Runkle’s right to voluntarily dismiss her
MHRA claims is absolute, not requiring assent by the Court or the Defendants.
See Commercial Space Mgmt. Co., Inc. v. Boeing Co., Inc., 193 F.3d 1074, 1076
(9th Cir. 1999)
Consequently, Ms. Runkle’s MHRA claims are considered dismissed
without prejudice, and Defendants’ motions to dismiss denied as moot.
DATED this 11th day of December, 2017.
Jeremiah C. Lynch
United States Magistrate Judge
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