Opinion
Civil Action No. 10-cv-02568-MSK-BNB.
January 13, 2011
ORDER
This matter arises on Defendant Costilla County's Motion to Dismiss and to Stay Discovery [Doc. # 9, filed 11/29/2010] (the "Motion"). The Motion was referred to me to the extent it seeks a stay.
The plaintiff filed a Response [Doc. # 11, filed 1/4/2011] stating that he "does not have any objections to the dismissal of the claims against Defendant Costilla County in this case." Id. at ¶ 1. The plaintiff's confession of the Motion renders the defendants' request for a stay moot.
IT IS ORDERED:
(1) The Motion [Doc. # 9] is DENIED as moot insofar as it seeks a stay; and
(2) In view of the plaintiff's confession of the Motion to dismiss Costilla County, the case caption is modified as indicated above to delete Costilla County as a defendant.
Dated January 13, 2011.