L&W Innovations, LLC v. Linli Construction, Inc. et al

Filing 179

ORDER granting 178 Third Party Plaintiffs' Motion for Voluntary Dimissal of Claims Pursuant to Fed. R. Civ. P. 41(A)(2). Defendant Yelenicks 92 Counterclaims against Plaintiff L&W for Breach of Contract, Quantum Meruit, and Unjust Enrichmen t are dismissed without prejudice. Defendant LINLIs 90 Counterclaim and Third Party claim against L&W, Lips, Warnimont, and Clukies for Federal Trademark Infringement is dismissed without prejudice. Defendant LINLIs 90 Third Party claims agains t Clukies for Common Law Trademark, Misappropriation of Business Values, Unjust Enrichment, and Demand for Accounting are dismissed without prejudice as to Third-Party Defendant Clukies only. Defendant Gas-O-Hauls 89 claim against Clukies for Unjust Enrichment is dismissed without prejudice as to Third-Party Defendant Clukies only, by Magistrate Judge Craig B. Shaffer on 05/07/09.(wjc, )

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Magistrate Judge Craig B. Shaffer Civil Action No. 1:07-cv-00563-CBS-MJW L&W INNOVATIONS, LLC, Plaintiff and Counterclaim Defendant, v. LINLI CONSTRUCTION, INC., JOHN YELENICK, GAS-O-HAUL, INC., and BRADLEY J. LIGHT, Defendants and Counterclaim Plaintiffs, ______________________________________ LINLI CONSTRUCTION, INC., and GAS-O-HAUL, INC. Third-Party Plaintiffs, v. JON LIPS, CRAIG WARNIMONT, PAUL CLUKIES, Third-Party Defendants. ORDER GRANTING THIRD PARTY PLAINTIFFS' MOTION FOR VOLUNTARY DISMISSAL OF CLAIMS PURSUANT TO FED. R. CIV. P. 41(A)(2) This civil action comes before the court on Defendants' Motion For Voluntary Dismissal Of Claims Pursuant To Fed. R. Civ. P. 41(a)(2). The court having reviewed the Motion and the entire case file and being sufficiently advised in the premises, IT IS ORDERED that: 1. Defendants' Motion For Voluntary Dismissal Of Claims Pursuant To Fed. R. Civ.

P. 41(a)(2) (filed May 7, 2009) (doc. # 178) is GRANTED. 2. Defendant Yelenick's Counterclaims against Plaintiff L&W for Breach of

Contract (Yelenick's First Claim for Relief in doc. # 92), Quantum Meruit (Yelenick's Second

Claim for Relief in doc. # 92), and Unjust Enrichment (Yelenick's Third Claim for Relief in doc. # 92) are dismissed without prejudice. 3. Defendant LINLI's Counterclaim and Third Party claim against L&W, Lips,

Warnimont, and Clukies for Federal Trademark Infringement (LINLI's Third Claim for Relief in doc. # 90) is dismissed without prejudice. 4. Defendant LINLI's Third Party claims against Clukies for Common Law

Trademark (LINLI's Fourth Claim for Relief in doc. # 90), Misappropriation of Business Values (LINLI's Sixth Claim for Relief in doc. # 90), Unjust Enrichment (LINLI's Seventh Claim for Relief in doc. # 90), and Demand for Accounting (LINLI's Eighth Claim for Relief in doc. # 90) are dismissed without prejudice as to Third-Party Defendant Clukies only. 5. Defendant Gas-O-Haul's claim against Clukies for Unjust Enrichment (Gas-O-

Haul's Third Claim for Relief in doc. # 89) is dismissed without prejudice as to Third-Party Defendant Clukies only. DATED at Denver, Colorado this 7th day of May, 2009. BY THE COURT:

s/Craig B. Shaffer United States Magistrate Judge