Stone, et al v. Rockwell Automation, et al

Filing 888

ORDER DISMISSING This Action. Plaintiff Virginia Belle Stone and Defendants each bearing their own costs and attorney fees by Judge Richard P. Matsch on 03/31/09. (jjh, )

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Case No. 89-cv-01154-RPM UNITED STATES OF AMERICA ex rel. VIRGINIA BELLE STONE, personal representative of The Estate of JAMES S. STONE, and UNITED STATES OF AMERICA, Plaintiff, v. ROCKWELL INTERNATIONAL CORPORATION and BOEING NORTH AMERICAN, INC., Defendants. _________________________________________________________________ ORDER DISMISSING THIS ACTION _________________________________________________________________ This Court has considered the Unopposed Request for Dismissal (the Motion) filed by plaintiff Virginia Belle Stone, personal representative of the Estate of James S. Stone ("Plaintiff"). This Court notes that neither the United States of America (the "Government") nor Defendants Rockwell International Corporation and Boeing North American, Inc. (collectively "Defendants") oppose the Motion. Accordingly, it is ORDERED that: (1) the Motion is granted; (2) the sole remaining claim in this action, denominated Count Six, is dismissed with prejudice as to Plaintiff and without prejudice as to the Government; and (3) this entire action is thereby dismissed, with Plaintiff Virginia Belle Stone and Defendants each bearing their own costs and attorney fees. DATED: March 31st, 2009.

BY THE COURT: s/Richard P. Matsch ___________________________________ Richard P. Matsch Senior United States District Judge