Opinion
Civil Case No. 09-cv-02648-REB-KLM.
February 23, 2010
ORDER
The matter before me is the notice via letter [#32] filed February 23, 2010, by the defendant, Gene Express, Inc., notifying the court of the agreement of the defendant to ". . . to withdraw the allegations in paragraphs 10-14 in its First Counterclaim for Relief (#13) filed January 20, 2010." After careful review of the request and the file, I conclude that the announcement of this putative agreement should be treated as a formal request to dismiss without prejudice the allegations cited in the putative notice.
"[#32]" is an example of the convention I use to identify the docket number assigned to a specific paper by the court's electronic case filing and management system (CM/ECF). I use this convention throughout this order.
THEREFORE, IT IS ORDERED as follows:
1. That the notice via letter [#32] filed February 23, 2010, by the defendant, Gene Express, Inc., notifying the court of the agreement of the defendant to ". . . to withdraw the allegations in paragraphs 10-14 in its First Counterclaim for Relief (#13) filed January 20, 2010." is APPROVED; and
All parties and their counsel are admonished to file papers that comply D.C.COLO.LCivR 10.1. The court will not accept a pleading, a motion, a notice, or any paper filed in the form of a letter.
2. That the allegations contained in paragraphs 10-14 in the First Counterclaim for Relief, as stated in the Answer of Defendants And Counterclaim of Defendant Gene Express, Inc., with Jury Demand [#13] filed January 20, 2010, are DISMISSED WITHOUT PREJUDICE.