Apartment Investment and Management Company v. Employers Insurance Company of Wausau

Filing 75

ORDER granting 74 Motion to Amend the Amended Complaint to Withdraw Breach of Fiduciary Duty Claim. Each party to bear its own costs by Judge Richard P. Matsch on 09/09/09.(jjh, )

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Civil Action No. 07-cv-00984-RPM APARTMENT INVESTMENT AND MANAGEMENT COMPANY, a/k/a AIMCO, a Maryland corporation, Plaintiff, v. EMPLOYERS INSURANCE COMPANY OF WAUSAU, a Wisconsin corporation, Defendant, And EMPLOYERS INSURANCE COMPANY OF WAUSAU, a Wisconsin corporation, Counter-claimant, v. APARTMENT INVESTMENT AND MANAGEMENT COMPANY, a/k/a AIMCO, a Maryland corporation, Counter-defendant. ORDER ___________________________________________________________________________ Upon consideration of "AIMCO's Unopposed Motion to Amend the Amended Complaint to Withdraw Breach of Fiduciary Duty Claim," it is ORDERED that AIMCO's motion to amend is GRANTED and the claim for breach of fiduciary duty is dismissed, each party to bear its own costs. DATED this 9th day of September 2009. BY THE COURT: s/Richard P. Matsch _________________________________ Richard P. Matsch, Senior District Judge

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