Ojeda et al v. El Jimador, Inc. et al (PLR2)

Filing 45

MEMORANDUM OPINION AND ORDER granting 36 and 37 Motions to Dismiss Without Prejudice. Signed by District Judge Pamela L Reeves on 11/2/15. (JBR) Modified to reflect c/m on 11/2/2015 (JBR).

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF TENNESSEE
AT KNOXVILLE
Luisa Ojeda, Domingo Morales,
Paige Anderson, and Kasey Walton,
Plaintiffs,
v.
El Jimador, Inc., Manuel Villalobos,
Jesus Monarrez, and Jesus Yanez,
Defendants.

)
)
)
)
)
)
)
)
)
)
)

Case No. 3:14-CV-575-PLR-HBG

Memorandum Opinion and Order

This matter is before the Court on Luisa Ojeda and Domingo Morales’s motions to
dismiss their claims [R. 36, 37]. In their handwritten motions, the plaintiffs indicated that they
“do not have sufficient evidence to continue [their] case[s].” The defendants have responded
indicating that they are not opposed to the motions to dismiss; however, the defendants contend
that the dismissals should be with prejudice based on the plaintiffs’ admissions.
At the time the plaintiffs filed their motions to dismiss, they were represented by counsel.
Nevertheless, Ms. Ojeda and Mr. Morales filed their motions pro se. Their attorney has since
been given permission to withdraw, and Ms. Ojeda and Mr. Morales are now proceeding pro se.
[R. 44]. While the plaintiffs’ statements could be deemed an admission, it is possible they made
their statements against or without the advice of counsel. To avoid any potential prejudice, their
motions [R. 36, 37] are Granted, and their claims are dismissed without prejudice.

IT IS SO ORDERED.

____________________________________
__
_
_ ___ _
____________________________________
UNI
UNITED STATES DISTRICT
T E
I T CT
CT
UNITED STATES DISTRICT JUDGE

2