Barbosa v. Golden Corral Corporation et al

Filing 23

ORDER - Plaintiff Juan Barbosa's Motion to Dismiss Improper Party (Filing No. 11 ) is granted; Defendant B & D Foods, LLC is dismissed from the above-captioned action, without prejudice; The Clerk of the Court is directed to remove B & D Foods LLC from the case caption; and The Court will not assess costs or attorneys 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. 11) (“Motion”).

The Plaintiff asks this Court to dismiss

Defendant B & D Foods LLC 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. 11) is
granted;
2. Defendant B & D Foods, LLC is dismissed from the above-captioned action,
without prejudice;
3. The Clerk of the Court is directed to remove B & D Foods LLC from the case
caption; and
4. The Court will not assess costs or attorney’s fees.
Dated this 20th day of April, 2016
BY THE COURT:
s/Laurie Smith Camp
Chief United States District Judge