Johnson v. Douglas County Medical Department

Filing 84

ORDER - The defendants Correct Care Solutions, L.L.C., and Susan M. Wilkinsons Motion to Dismiss (Filing No. 73 ) is denied as moot. The plaintiffs Motion to Dismiss (Filing No. 83 ) is granted. The plaintiffs claims against Correct Care Solution s, L.L.C. and Susan M. Wilkinson are hereby dismissed without prejudice. The parties July 22, 2011, deadline to indicate whether the parties consent to disposition of the case by a magistrate judge, is vacated, in light of this order and the remaining parties earlier consent at Filing No. 41 . Ordered by Magistrate Judge Thomas D. Thalken. (MKR)

Download PDF
IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEBRASKA DAVID L. JOHNSON, JR., Plaintiff, vs. COUNTY OF DOUGLAS, NEBRASKA, et al., Defendants. ) ) ) ) ) ) ) ) ) ) 8:09CV356 ORDER This matter is before the court on the defendants Correct Care Solutions, L.L.C., and Susan M. Wilkinson’s Motion to Dismiss (Filing No. 73) and the plaintiff’s Motion to Dismiss (Filing No. 83). In response to the defendants Correct Care Solutions, L.L.C., and Susan M. Wilkinson’s Motion to Dismiss, the plaintiff seeks to voluntarily dismiss these defendants, without prejudice, pursuant to Fed. R. Civ. P. 41(a)(1). Under the rule, the plaintiff may dismiss the action against these defendants, who have not yet served an answer or motion for summary judgment, without further proceedings involving these defendants. Fed. R. Civ. P. 41(a)(1). Accordingly, IT IS ORDERED: 1. The defendants Correct Care Solutions, L.L.C., and Susan M. Wilkinson’s Motion to Dismiss (Filing No. 73) is denied as moot. 2. The plaintiff’s Motion to Dismiss (Filing No. 83) is granted. The plaintiff’s claims against Correct Care Solutions, L.L.C. and Susan M. Wilkinson are hereby dismissed without prejudice. 3. The parties’ July 22, 2011, deadline to indicate whether the parties consent to disposition of the case by a magistrate judge, is vacated, in light of this order and the remaining parties’ earlier consent at Filing No. 41. DATED this 13th day of July, 2011. BY THE COURT: s/ Thomas D. Thalken United States Magistrate Judge

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.


Why Is My Information Online?