Free Motion to Dismiss - District Court of Colorado - Colorado

Case 1:04-cv-00761-WDM-BNB

Document 82-5

Filed 06/09/2006

Page 1 of 1

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO

04-cv-00761-WDM-BNB DEAN COLBY, Plaintiff, v. PROGRESSIVE CASUALTY INSURANCE COMPANY, an Ohio corporation, Defendant.

ORDER GRANTING PLAINTIFF'S MOTION TO DISMISS WITHOUT PREJUDICE PURSUANT TO FED. R. CIV. P. 41(a)

This matter comes before the court on the Plaintiff's Motion to Dismiss Without Prejudice Pursuant to Fed. R. Civ. P. 41(a). The court hereby GRANTS Plaintiff's motion and dismisses Plaintiff's complaint without prejudice; Plaintiff's filing and dismissal of his complaint shall not deprive him of any tolling rights available to him as a matter of law, including those arising from membership in the class in Soto v. Progressive Mountain Insurance Co. SO ORDERED this ___ day of ________________, 2006. BY THE COURT:

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