Opinion
Civil Case No. 05-cv-01195-REB-BNB.
November 1, 2005
ORDER OF DISMISSAL (As to Jake and Jacque Ragusa)
On November 1, 2005, the parties filed a Stipulation of Dismissal [#40]. After careful review of the stipulation and the file, the court has concluded that the stipulation should be approved and that plaintiff's claim against defendants Jake Ragusa and Jacque Ragusa should be dismissed without prejudice.
THEREFORE, IT IS ORDERED as follows:
1. That the Stipulation of Dismissal [#40], filed on November 1, 2005, is APPROVED;
2. That plaintiff's claim against defendants, Jake Ragusa and Jacque Ragusa, is DISMISSED WITHOUT PREJUDICE with each party to pay their own attorney fees and costs;
3. That Defendants' Motion for Summary Judgment [#24] and Defendants' Motion to Dismiss for Failure to State a Claim [#26], both filed on October 7, 2005, are DENIED as moot; and
4. That defendants, Jake Ragusa and Jacque Ragusa, are DROPPED as named parties to this action, and the case caption is amended accordingly.