MARTIN v. KRAAL, 11-cv-02611-PAB-MEH. (2012)
Court: District Court, D. Colorado
Number: infdco20120416447
Visitors: 6
Filed: Apr. 13, 2012
Latest Update: Apr. 13, 2012
Summary: ORDER PHILIP A. BRIMMER, District Judge. This matter is before the Court on the Notice of Dismissal of Defendant Austin Kraal [Docket No. 17], in which plaintiff requests dismissal of defendant Austin Kraal pursuant to Fed. R. Civ. P. 41(a)(1)(A)(i). Despite Rule 41(a)(1)'s reference to the dismissal of an "action," the weight of authority permits a dismissal of all claims pursuant to Rule 41(a)(1)(A) against fewer than all defendants. See Montoya v. FedEx Ground Package System, Inc., 614 F
Summary: ORDER PHILIP A. BRIMMER, District Judge. This matter is before the Court on the Notice of Dismissal of Defendant Austin Kraal [Docket No. 17], in which plaintiff requests dismissal of defendant Austin Kraal pursuant to Fed. R. Civ. P. 41(a)(1)(A)(i). Despite Rule 41(a)(1)'s reference to the dismissal of an "action," the weight of authority permits a dismissal of all claims pursuant to Rule 41(a)(1)(A) against fewer than all defendants. See Montoya v. FedEx Ground Package System, Inc., 614 F...
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ORDER
PHILIP A. BRIMMER, District Judge.
This matter is before the Court on the Notice of Dismissal of Defendant Austin Kraal [Docket No. 17], in which plaintiff requests dismissal of defendant Austin Kraal pursuant to Fed. R. Civ. P. 41(a)(1)(A)(i). Despite Rule 41(a)(1)'s reference to the dismissal of an "action," the weight of authority permits a dismissal of all claims pursuant to Rule 41(a)(1)(A) against fewer than all defendants. See Montoya v. FedEx Ground Package System, Inc., 614 F.3d 145, 148 (5th Cir. 2010); Blaize-Sampeur v. McDowell, 2007 WL 1958909, at *2 (E.D.N.Y. June 29, 2007) (noting that, although the Second Circuit had previously stated otherwise, it had "since adopted the approach of the majority of courts in other circuits — that is, that Rule 41(a) does not require dismissal of the action in its entirety" and permits dismissal of all claims as to a single defendant). Upon the filing of the Notice of Dismissal [Docket No. 17], this action was dismissed without prejudice as to defendant Austin Kraal.
Source: Leagle
