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Carson v. AJN Holdings

September 11, 2006

ALVIN D. CARSON, PLAINTIFF,
v.
AJN HOLDINGS AND THE PEPSI BOTTLING GROUP, DEFENDANTS.



The opinion of the court was delivered by: Thomas A. Varlan United States District Judge

(VARLAN/SHIRLEY)

ORDER

This case was dismissed with prejudice by stipulation of the parties [Doc. 13]. Nevertheless, plaintiff has filed a motion to reopen the case [Doc. 14] and two subsequent motions to amend his complaint, in which he seeks to add additional claims to the case [Docs. 15, 17].

Per the parties' stipulation of dismissal, all claims asserted in this action were dismissed with prejudice. Plaintiff, therefore, cannot reopen this case. Once a case is dismissed with prejudice, the claims comprising that case are extinguished and cannot be asserted by that plaintiff again. Any new claims can only be asserted by filing of new action.

Plaintiff's motion to reopen the case [Doc. 14] is therefore DENIED. Accordingly, plaintiff's two motions to amend his complaint [Docs. 15, 17] are DENIED as moot.

IT IS SO ORDERED.

20060911

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