Hubbell v. Carney Brothers Construction, et al

Filing 551

ORDER granting 549 Stipulated Motion for Relief Under Rule 60(b)(5) Due to Satisfaction of Bank Judgments submitted by Plaintiff Alpine Bank (the Bank), and Defendants/Third-Party Plaintiffs Platt T. Hubbell and Kelley S. Hogan; All judgments, cos ts, attorney fees, and any other amounts sought by or awarded to the Bank against Hubbell/Hogan (collectively or individually) in this litigation, whether or not reduced to final order or judgment, are deemed to be satisfied finally and in full; The Bank shall cease any and all efforts at collection against Hubbell/Hogan and file or record this Order Acknowledging Full Satisfaction of Judgments Against Hubbell/Hogan in every jurisdiction and venue in which it previously filed documentation or other proceedings in its collection efforts against Hubbell/Hogan. by Judge Christine M. Arguello on 6/30/2010.(erv, )

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Judge Christine M. Arguello Civil Action No. 05-cv-00026-CMA-KLM ALPINE BANK, a Colorado banking corporation Plaintiff, v. PLATT T. HUBBELL, KELLEY S. HOGAN (f/k/a Hubbell), and GEORGIA CHAMBERLAIN, as Public Trustee of Garfield County, Colorado, Defendants/Third-Party Plaintiffs, v. CARNEY BROTHERS CONSTRUCTION, a Colorado corporation, IAN CARNEY, RICHARD CARNEY, TEAMCORP, INC. d/b/a DRAFT TEK, a Colorado corporation, THANE R. LINCICOME, T.J. CONCRETE CONSTRUCTION, INC., a Colorado corporation, and KERRY M. KARNAN, Third-Party Defendants. ORDER ACKNOWLEDGING FULL SATISFACTION OF JUDGMENTS AGAINST HUBBELL/HOGAN The Court, having considered the Stipulated Motion for Relief Under Rule 60(b)(5) Due to Satisfaction of Bank Judgments (Doc. # 549), submitted by Plaintiff Alpine Bank ("the Bank"), and Defendants/Third-Party Plaintiffs Platt T. Hubbell and Kelley S. Hogan ("Hubbell/Hogan"), hereby GRANTS the Motion. It is ORDERED that:

1.

All judgments, costs, attorney fees, and any other amounts sought by or

awarded to the Bank against Hubbell/Hogan (collectively or individually) in this litigation, whether or not reduced to final order or judgment, are deemed to be satisfied finally and in full;1 2. The Bank shall cease any and all efforts at collection against Hubbell/

Hogan and file or record this Order Acknowledging Full Satisfaction of Judgments Against Hubbell/Hogan in every jurisdiction and venue in which it previously filed documentation or other proceedings in its collection efforts against Hubbell/Hogan. DATED: June 30 , 2010 BY THE COURT:

_______________________________ CHRISTINE M. ARGUELLO United States District Judge

The parties indicate that the following motions are still pending: Plaintiff's Motion for Attorney Fees (Doc. # 446) and Defendants' Motion to Reduce Amount of Judgments Outstanding Pursuant to Foreclosure Sale to Bank (Doc. # 465). However, on March 24, 2010, the Court issued an Order that granted in part and denied in part both motions (Doc. # 509). In any event, pursuant to the instant Order, the Court's March 24, 2010 Order shall also be deemed satisfied.

1

2