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Personal Inj. Prod. Liability | Colorado
Judgment - Clerk ~Util - Set/Clear Flags ~Util - Terminate Civil Case ~Util - Terminate Scheduling Order Deadlines ~Util - Terminate Deadlines
JUDGMENT in favor of Changzhou Wismec Electronics Co., Dongguan Wismec Electronics Co. Ltd., Joyetech Europe Holding GMBH, Midwest Goods, Inc., Shenzhen Fest Technology Co. Ltd., Shenzhen Wismec Electronics Co. Ltd. against Ashley Person re: 40 Order on Motion to Dismiss. Civil Case Terminated. by Clerk on 5/26/21. (pglov)
Order on Motion to Dismiss
ORDER GRANTING 39 Motion to Dismiss Without Prejudice Midwest Goods, and Dismissing without Prejudice Defendants Dongguan, Shenzen Fest, Shenzhen Wismec, Changzhou, and Joyetech Pursuant to the Court's Order to Show Cause 38 . Pursuant to Federal Rule of Civil Procedure 41(a)(2), Plaintiff's motion to dismiss without prejudice her claims against Defendant Midwest Goods (Doc. 39) is GRANTED. This case has been stayed since early 2020, and so Midwest will suffer little prejudice by dismissal. The Court also dismisses without prejudice the claims against Defendants Dongguan, Shenzen Fest, Shenzhen Wismec, Changzhou, and Joyetech. On May 7, 2021, Magistrate Judge Tafoya issued an order to show cause returnable by Plaintiff why the claims against these Chinese Defendants should not be dismissed for failure of service under Federal Rule of Civil Procedure 4(m). (Doc. 38.) Plaintiff did not respond to the order to show cause by its May 21 deadline. Pursuant to Rule 4(m) and Rule 41(b), the Court thus dismisses without prejudice the claims against the Chinese Defendants. The Clerk is accordingly directed to close the case. SO ORDERED by Judge Daniel D. Domenico on 5/26/2021. Text Only Entry (dddlc2, )
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