Filed: Mar. 28, 2014
Latest Update: Mar. 28, 2014
Summary: ORDER MORRISON C. ENGLAND, Jr., Chief District Judge. On March 25, 2014, the parties stipulated that Plaintiffs' Complaint against Defendants Richard W. Corey and Mary D. Nichols, in their personal capacities only, be dismissed without prejudice. ECF No. 26. The parties further stipulated that Defendants Corey and Nichols will remain as Defendants in their official capacities only and that Defendant Matt Rodriquez will also remain as a Defendant only in his official capacity. Id. Pursuant to
Summary: ORDER MORRISON C. ENGLAND, Jr., Chief District Judge. On March 25, 2014, the parties stipulated that Plaintiffs' Complaint against Defendants Richard W. Corey and Mary D. Nichols, in their personal capacities only, be dismissed without prejudice. ECF No. 26. The parties further stipulated that Defendants Corey and Nichols will remain as Defendants in their official capacities only and that Defendant Matt Rodriquez will also remain as a Defendant only in his official capacity. Id. Pursuant to ..
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ORDER
MORRISON C. ENGLAND, Jr., Chief District Judge.
On March 25, 2014, the parties stipulated that Plaintiffs' Complaint against Defendants Richard W. Corey and Mary D. Nichols, in their personal capacities only, be dismissed without prejudice. ECF No. 26. The parties further stipulated that Defendants Corey and Nichols will remain as Defendants in their official capacities only and that Defendant Matt Rodriquez will also remain as a Defendant only in his official capacity. Id. Pursuant to Fed. R. Civ. Proc. 41(a)(1)(A)(ii), Defendants Richard W. Corey and Mary D. Nichols, in their personal capacities only, are DISMISSED WITHOUT PREJUDICE.1
On January 27, 2014, Defendants moved to dismiss Defendants Corey and Nichols in their personal capacities. Mot., ECF No. 21. In light of the parties' stipulations, ECF Nos. 26-27, Defendants' Motion, ECF No. 21, is DENIED as MOOT. See ECF No. 27 at 3 (¶ 5).
As set forth above, IT IS HEREBY ORDERED THAT:
1. Defendants Richard W. Corey and Mary D. Nichols, in their personal capacities only, are DISMISSED WITHOUT PREJUDICE;
2. Defendants Richard W. Corey, Mary D. Nichols and Matt Rodriquez remain Defendants in their official capacities only; and
2. Defendant's Motion, ECF No. 21, is DENIED as MOOT.
IT IS SO ORDERED.
