BOARD OF COUNTY COMMISSIONERS OF CO. OF ADAMS v. ASAY

Full title: THE BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF ADAMS, Plaintiff, v…

Court: United States District Court, D. Colorado

Date published: Nov 9, 2011

Civil Action No. 11-cv-02238-PAB-KLM (D. Colo. Nov. 9, 2011)

Opinion

Civil Action No. 11-cv-02238-PAB-KLM.

November 9, 2011

ORDER

PHILIP BRIMMER, District Judge

This matter is before the Court on the Stipulated Voluntary Dismissal Without Prejudice of Complaint Against Defendant Quality Resurfacing Co., n/k/a Quality Paving Co. (the "Stipulation") [Docket No. 45] filed by plaintiff and defendant Quality Paving Co. Despite requesting a court order pursuant to Fed.R.Civ.P. 41(a)(2), the parties have failed to file a motion requesting such relief.¹ The Court will nevertheless address the parties' request and, having reviewed the Stipulation, it is

1 The Court has once before granted a request for relief in this case that was not properly presented as a motion. See Docket No. 41. The parties are reminded that a "request for a court order must be made by motion." Fed.R.Civ.P. 7(b)(1).

ORDERED that plaintiff's claims against defendant Quality Resurfacing Co. are dismissed without prejudice.