Smith v. Pepsi Cola Bottling Company

Full title: SHAWN SMITH, Plaintiff, v. PEPSI COLA BOTTLING COMPANY, Defendant

Court: United States District Court, D. Colorado

Date published: Oct 11, 2006

Civil Action No. 05;-cv-02240-EWN-MEH (D. Colo. Oct. 11, 2006)

Opinion

Civil Action No. 05;-cv-02240-EWN-MEH.

October 11, 2006

ORDER

EDWARD NOTTINGHAM JR., District Judge

The matter comes before the court on "Plaintiff's Verified Unopposed Motion to Dismiss with Prejudice All of the Class Based Claims and Allegations Involving Race and Age Discrimination Which Are Contained in the Amended Complaint" (#67, filed October 3, 2006). After review of the motion and the file, the court has concluded that the motion should be granted regarding these Class claims.

THEREFORE, IT IS ORDERED:

1. Plaintiff's Verified Unopposed Motion to Dismiss with Prejudice All of the Class Based Claims and Allegations Involving Race and Age Discrimination Which Are Contained in the Amended Complaint (#67, filed October 3, 2006) is GRANTED;

2. All of Plaintiff's Class based claims and allegations of race and age discrimination in the Amended Complaint are dismissed with prejudice; and

3. Each of the parties is to pay his or its own costs and attorneys' fees herein expended.