CALDERON v. SAFEHOUSE PROGRESSIVE ALLIANCE FOR NONVIOLENCE, 11-cv-02536-PAB-MEH. (2012)
Court: District Court, D. Colorado
Number: infdco20120516a79
Visitors: 13
Filed: May 14, 2012
Latest Update: May 14, 2012
Summary: ORDER PHILIP A. BRIMMER, District Judge. This matter is before the Court on the Notice of Dismissal of Defendant Mountain States Employers Council, Inc. With Prejudice filed by plaintiff [Docket No. 84]. 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
Summary: ORDER PHILIP A. BRIMMER, District Judge. This matter is before the Court on the Notice of Dismissal of Defendant Mountain States Employers Council, Inc. With Prejudice filed by plaintiff [Docket No. 84]. 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..
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ORDER
PHILIP A. BRIMMER, District Judge.
This matter is before the Court on the Notice of Dismissal of Defendant Mountain States Employers Council, Inc. With Prejudice filed by plaintiff [Docket No. 84]. 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 plaintiff's Notice [Docket No. 84], this action was dismissed with prejudice as to defendant Mountain States Employers Council.
Source: Leagle
