Opinion
No. 4:03-CV-935-A.
July 27, 2004
ORDER
Came on for consideration the motion of defendant Robert T. Beers ("Beers") for summary judgment and the motion of plaintiff, Loren N. Biser, to dismiss his claims against Beers. The court, having considered the motions, the record, the summary judgment evidence, and applicable authorities, finds that Beers's motion for summary judgment should be granted and that plaintiff's motion to dismiss without prejudice should be denied. Beers maintains that he, individually, did not engage in any conduct that would make him liable to plaintiff. Plaintiff, on the other hand, recognizes that he sued the wrong party. As plaintiff has failed to respond to Beers's motion for summary judgment, it appears that plaintiff has no evidence that would support a claim against Beers. Accordingly,
The court ORDERS that Beers's motion for summary judgment be, and is hereby, granted; that plaintiff take nothing on his claims against Beers; and, that such claims be, and are hereby, dismissed with prejudice.
The court further ORDERS that plaintiff's motion to dismiss Beers without prejudice be, and is hereby, denied.
The court determines that there is no just reason for delay in, and hereby directs, entry of final judgment as to the dismissal of plaintiff's claims against Beers.