Opinion
No. 2:10-cv-2785-GEB-JFM (PS).
December 17, 2010
ORDER
On October 20, 2010, defendant Kitsy Johnson filed a motion to dismiss. On November 24, 2010, plaintiff, through counsel David R. Griffith, filed a notice of voluntary dismissal pursuant to Federal Rule of Civil Procedure 41(a). Plaintiff seeks to dismiss Kitsy Johnson and Kevin Kelly without prejudice.
David R. Griffith has yet to be formally substituted for plaintiff. Counsel is reminded that the court needs the stipulation for substitution of counsel promised at oral argument before he can proceed in this action.
Accordingly, IT IS HEREBY ORDERED that:
1. Kitsy Johnson and Kevin Kelly are dismissed without prejudice from this action pursuant to Fed.R.Civ.Proc. 41(a)(2); and
2. Defendant Kitsy Johnson's motion to dismiss is denied as moot.
DATED: December 16, 2010.