Opinion
Case No. 5:04cv385-RH/WCS.
October 27, 2005
ORDER FOR DISMISSAL WITHOUT PREJUDICE OF CLAIMS AGAINST DEFENDANTS BAXTER'S AND MELVIN
Plaintiffs' motion to dismiss their claims against defendants Baxter's Asphalt and Concrete, Inc. and David H. Melvin (document 56) is GRANTED. All claims against these defendants are dismissed without prejudice under Federal Rule of Civil Procedure 41(a)(1). I do not direct the entry of judgment under Federal Rule of Civil Procedure 54(b). The action remains pending against the other defendants. The clerk shall docket the letter dated October 25, 2005, from the attorney for Mr. Melvin to the court as a memorandum in response to the motion to dismiss.
SO ORDERED.