Switzer v. Litex Industries Ltd. et al
Filing
46
ORDER. The Notice of Stipulated Dismissal of Defendant Lowes Companies LLC [sic] Without Prejudice Pursuant To Fed. R. Civ. P. 41(a)(1)(A)(ii) 42 filed 11/3/2011, is APPROVED. By Judge Robert E. Blackburn on 11/3/2011. (sah, )
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IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Judge Robert E. Blackburn
Civil Action No. 11-cv-01174-REB
CALVIN T. SWITZER,
Plaintiff,
v.
LITEX INDUSTRIES, LTD, a Texas corporation,
LOWE’S COMPANIES, INC., a North Carolina corporation, and
COSTCO WHOLESALER CORPORATION, a Washington, corporation,
Defendants.
ORDER DISMISSING DEFENDANT, LOWE’S COMPANIES, INC., ONLY
Blackburn, J.
The matter is before the court on plaintiff’s Notice of Stipulated Dismissal of
Defendant Lowe’s Companies, LLC [sic]1 Without Prejudice Pursuant To Fed. R.
Civ. P. 41(a)(1)(A)(ii) [#42]2 filed November 3, 2011. After reviewing the notice and the
file, I conclude that the notice should be approved and that plaintiff’s claims against
defendant, Lowe’s Companies, Inc., should be dismissed without prejudice.
THEREFORE, IT IS ORDERED as follows:
1. That the Notice of Stipulated Dismissal of Defendant Lowe’s Companies,
1
The defendant is named in the caption of the case as “Lowe’s Companies, Inc., A North Carolina
corporation.” However, in the title of the notice, the defendant is identified erroneously as “Lowe’s
Companies, LLC.” Finally, in the body of the notice, the defendant is identified properly as “Lowe’s
Companies, Inc.”
2
“[#42]” 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.
LLC [sic] Without Prejudice Pursuant To Fed. R. Civ. P. 41(a)(1)(A)(ii) [#42] filed
November 3, 2011, is APPROVED;
2. That plaintiff’s claims against defendant, Lowe’s Companies, Inc., are
DISMISSED WITHOUT PREJUDICE; and
3. That defendant Lowe’s Companies, Inc., is DROPPED as a named party to
this action, and the case caption is amended accordingly.
Dated November 3, 2011, at Denver, Colorado.
BY THE COURT:
2
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