Opinion
Civil Action No. 11-cv-00555 REB-KLM.
December 06, 2011.
ORDER GRANTING PLAINTIFF'S MOTION FOR DISMISSAL OF THE NEGLIGENCE CLAIM AGAINST DEFENDANT, CHARLES L. CUNNIFFE, WITHOUT PREJUDICE
The matter is before me is Plaintiffs Motion for Dismissal of the Negligence Claim Against Defendant Cunniffe Without Prejudice [#89], filed August 15, 2011. Although defendant, Erickson Construction, Inc., ostensibly objected to the motion, it has not file a response or otherwise attempted to substantiate or formalize its objection.
Having reviewed the motion, the record, and the applicable law, I conclude that the motion should be granted and plaintiffs claim of negligence asserted against defendant, Charles L. Cunniffe, individually, d/b/a Charles Cunniffe Assoc, Architects, should be dismissed without prejudice. Plaintiff's other claims against Cunniffe, for breach of contract, vicarious liability, and respondeat superior, are unaffected by this Order.
THEREFORE, IT IS ORDERED as follows:
1 That Plaintiff's Motion for Dismissal of the Negligence Claim Against Defendant Cunniffe Without Prejudice [#89], filed August 15, 2011, is GRANTED; and,
2. That plaintiffs claim for negligence against defendant, Charles L. Cunniffe, individually, d/b/a Charles Cunniffe Assoc, Architects, is DISMISSED WITHOUT PREJUDICE