Barbosa v. Golden Corral Corporation et al

Filing 19

ORDER granting Plaintiff Juan Barbosa's 16 Motion to Dismiss Improper Party. Defendant Golden Corral Restaurant is dismissed from the above-captioned action, without prejudice; The Clerk of the Court is directed to remove Golden Corral Restaurant from the case caption; and the Court will not assess costs or attorney's fees. Ordered by Chief Judge Laurie Smith Camp. (MKR)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA
JUAN BARBOSA,
Plaintiff,

8:16CV65

vs.
ORDER
GOLDEN CORRAL CORPORATION,
GOLDEN CORRAL RESTAURANT,
B & D FOODS LLC, CNL NET LEASE
FUNDING 2001 LP, AND NINE18, LLC,
Defendants.

This matter is before the Court on Plaintiff Juan Barbosa’s Motion to Dismiss
Improper Party (Filing No. 16) (“Motion”).

The Plaintiff asks this Court to dismiss

Defendant Golden Corral Restaurant from the above-captioned action, without
prejudice. Under Federal Rule of Civil Procedure 21, a court may “[o]n motion or on its
own motion, . . . at any time, on just terms, add or drop a party.” Fed. R. Civ. P. 21.
The Court has reviewed the Motion and finds that it should granted. Accordingly,
IT IS ORDERED:
1. Plaintiff Juan Barbosa’s Motion to Dismiss Improper Party (Filing No. 16) is
granted;
2. Defendant Golden Corral Restaurant is dismissed from the above-captioned
action, without prejudice;
3. The Clerk of the Court is directed to remove Golden Corral Restaurant from the
case caption; and
4. The Court will not assess costs or attorney’s fees.
Dated this 5th day of April, 2016.
BY THE COURT:
s/Laurie Smith Camp
Chief United States District Judge