Opinion
Civil Action No. 10-cv-01174-REB
08-30-2011
CALVIN T. SWITZER, Plaintiff, v. LITEX INDUSTRIES, LTD, a Texas corporation, LOWE'S COMPANIES, INC., a North Carolina corporation, COSTCO WHOLESALER CORPORATION, a Washington, corporation, and SHOPZEUS.COM, LLC, a Florida limited liability company, Defendants.
Judge Robert E. Blackburn
ORDER DISMISSING DEFENDANT SHOPZEUS.COM, LLC, ONLY Blackburn, J.
The matter before me is plaintiff's Notice of Stipulated Dismissal of Defendant Shopzeus.com, LLC With Prejudice Pursuant To Fed. R. Civ. P. 41(a)(1)(A)(ii) [#39] filed August 29, 2011. After reviewing the stipulation and the file, I conclude that the stipulation should be approved and that plaintiff's claims against defendant, Shopzeus.com, LLC, should be dismissed with prejudice. THEREFORE, IT IS ORDERED as follows:
"[#39]" 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.
1. That the Notice of Stipulated Dismissal of Defendant Shopzeus.com, LLC With Prejudice Pursuant To Fed. R. Civ. P. 41(a)(1)(A)(ii) [#39] filed August 29, 2011, is APPROVED;
2. That plaintiff's claims against defendant, Shopzeus.com, LLC, are DISMISSED WITH PREJUDICE with the parties to pay their own attorney fees and costs; and
3. That defendant, Shopzeus.com, LLC, is DROPPED as a named party to this action, and the case caption is AMENDED accordingly.
Dated August 30, 2011, at Denver, Colorado.
BY THE COURT:
Robert E. Blackbum
United States District Judge