UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF OHIO WESTERN DIVISION AT DAYTON

PEGGY COX, et al.,

Plaintiffs, Case No. 3:20-cv-272

vs.

CHRISTMAS TREE SHOPS, INC., et al., District Judge Michael J. Newman

Defendants. ______________________________________________________________________________

ORDER AND ENTRY: (1) GRANTING PLANTIFF’S MOTION TO VOLUNTARILY DISMISS MITCHELL JOHNSON (DOC. 12) AS A PARTY TO THIS ACTION; (2) DISMISSING ALL CLAIMS AGAINST DEFENDANT JOHNSON WITHOUT PREJUDICE; (3) TERMINATING DEFENDANT JOHNSON AS A PARTY TO THIS CASE; AND (4) DENYING DEFENDANTS’ CHRISTMAS TREE SHOPS INC. AND BRENDA BACH’S MOTION TO DISMISS AS MOOT WITHOUT PREJUDICE TO REFILE ______________________________________________________________________________

This civil case is before the Court on the Plaintiff’s motion to voluntarily dismiss all claims asserted against Defendant Mitchell Johnson pursuant to Fed. R. Civ. P. 21. Doc. 12. For good cause shown, and absent opposition, the Court ORDERS as follows: (1) Plaintiff’s motion to voluntarily dismiss all claims against Defendant Johnson (doc. 12) is GRANTED; (2) all claims against Defendant Johnson are DISMISSED WITHOUT PREJUDICE pursuant to Fed. R. Civ. P. 21; and (3) Defendant Johnson is TERMINATED as a party to this case. Also before the Court is a motion to dismiss filed by Defendants Christmas Tree Shops, Inc. and Brenda Bach. Doc. 9. On November 2, 2020, the Court granted Plaintiff’s motion for leave to file an amended complaint. Doc. 17. Because Defendants’ motion to dismiss is directed to Plaintiff’s original complaint, it is DENIED AS MOOT AND WITHOUT PREJUDICE TO REFILE. See Laning v. Doyle, No. 3:14-cv-24,

, at *1–2 (S.D. Ohio June 20, 2014). IT IS SO ORDERED.

Date: February 2, 2021 s/ Michael J. Newman Michael J. Newman United States District Judge