Trinity Universal Insurance Company of Kansas, Inc. v. D.R. Horton, Inc. Denver et al

Filing 809

ORDER OF DISMISSAL WITH PREJUDICE: Granting 807 Stipulated Motion for Order of Dismissal of All Claims of All Parties With Prejudice and for an Order to the Clerk to Distribute Funds from the Registry. Pursuant to Fed. R. Civ. P. 41(a), this matte r, and all claims asserted therein, is dismissed with prejudice, with each party to bear its own attorneys fees and costs. All pending motions are denied as moot. After payment of the Special Masters final invoice, the Clerk of the Court shall refund the principal balance and accrued interest on the funds held in the Registry of the Court, less the registry fee assessment, to the parties, pro rata by their contributions, by Judge Philip A. Brimmer on 9/25/09.(ebs, )

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Judge Philip A. Brimmer Civil Action No. 07-cv-00600-PAB TRINITY UNIVERSAL INSURANCE COMPANY OF KANSAS, INC., Plaintiff, v. D.R. HORTON, INC. DENVER, et al., Defendants. _____________________________________________________________________ ORDER OF DISMISSAL WITH PREJUDICE _____________________________________________________________________ THIS MATTER comes before the Court upon the Stipulated Motion for Order of Dismissal of All Claims of All Parties With Prejudice and for an Order to the Clerk to Distribute Funds from the Registry [Docket No. 807]. The Court has reviewed the pleading and is fully advised in the premises. It is ORDERED that the Stipulated Motion for Order of Dismissal of All Claims of All Parties With Prejudice and for an Order to the Clerk to Distribute Funds from the Registry [Docket No. 807] is granted. It is further ORDERED that, pursuant to Fed. R. Civ. P. 41(a), this matter, and all claims asserted therein, is dismissed with prejudice, with each party to bear its own attorneys' fees and costs. It is further ORDERED that all pending motions are DENIED as moot. It is further ORDERED that, after payment of the Special Master's final invoice, the Clerk of the Court shall refund the principal balance and accrued interest on the funds held in

the Registry of the Court, less the registry fee assessment, to the parties, pro rata by their contributions.

DATED September 25, 2009. BY THE COURT:

s/Philip A. Brimmer PHILIP A. BRIMMER United States District Judge

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