Brotzman v. Lippet, Inc.

Full title: TIMOTHY BROTZMAN, and BRIDGETT BROTZMAN, Plaintiffs, v. LIPPET, INC.…

Court: United States District Court, D. Colorado

Date published: Jan 5, 2011

Civil Action No. 10-cv-00316-PAB-MEH (D. Colo. Jan. 5, 2011)

Opinion

Civil Action No. 10-cv-00316-PAB-MEH.

January 5, 2011

ORDER

PHILIP BRIMMER, District Judge

This matter is before the Court on the unopposed motion to dismiss without prejudice plaintiffs' claims under the Americans with Disabilities Act ("ADA") against defendant Starbucks Corporation ("Starbucks") [Docket No. 72]. The Court being fully advised in the motion's premises, it is

ORDERED that the unopposed motion to dismiss without prejudice plaintiffs' claims under the ADA against defendant Starbucks [Docket No. 72] is GRANTED. It is further

ORDERED that plaintiffs' fourth claim for relief entitled "Violations of the Americans with Disabilities Act — Starbucks" is DISMISSED without prejudice, each party to pay its own costs and fees with regard to the same. It is further ORDERED that, to the extent any other allegations within plaintiffs' second amended complaint [Docket No. 18] can be construed to allege a claim for violation of the ADA by defendant Starbucks, such claim is DISMISSED without prejudice, each party to pay its own costs and fees with regard to the same.

DATED January 5, 2011.