JBlanco Enterprises Inc. v. Abba Bonding, Inc. et al

Filing 179

ORDER. The Stipulation For Dismissal 178 filed 02/24/2010, is APPROVED;All claims of plaintiff are DISMISSED WITH PREJUDICE as to Morris C. Sears, individually, but WITHOUT PREJUDICE as to Proof of Claim No. 8, dated 05/21/2009, filed by plaintiff in the United States Bankruptcy Court of the Southern District of Alabama in Case No. 09-11053. All counterclaims of Morris C. Sears against plaintiff are DISMISSED WITH PREJUDICE. The plaintiff and Morris C. Sears SHALL BE RESPONSIBLE for their own attorney fees and costs.Plaintiffs Motion To Dismiss Counterclaims of Defendant Morris C. Sears 172 filed 02/11/2010, is DENIED as moot. Defendant Morris C. Sears is DROPPED as a named party to this action and the case caption is amended accordingly. By Judge Robert E. Blackburn on 02/25/2010.(sah, )

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Judge Robert E. Blackburn Civil Case No. 07-cv-01554-REB-CBS UNITED STATES OF AMERICA for the use of JBLANCO ENTERPRISES INC., d/b/a SILVERCOOL SERVICE CO., a Colorado corporation, Plaintiff, v. ABBA BONDING,INC. d/b/a ABBA BONDING, an Alabama corporation, and MORRIS C. SEARS, Defendants. ORDER OF DISMISSAL AS TO DEFENDANT MORRIS C. SEARS ONLY Blackburn, J. The matter before me is the Stipulation For Dismissal [#178] filed February 24, 2010. After careful review of the stipulation and the file, I conclude (1) that the stipulation should be approved; (2) that all claims of plaintiff should be dismissed with prejudice as to Morris C. Sears, individually, but without prejudice as to Proof of Claim No. 8, dated May 21, 2009, filed by plaintiff in the United States Bankruptcy Court of the Southern District of Alabama in Case No. 09-11053; and (3) that all counterclaims of Morris C. Sears against plaintiff should be dismissed with prejudice. THEREFORE, IT IS ORDERED as follows: 1. That the Stipulation For Dismissal [#178] filed February 24, 2010, is APPROVED; 2. That all claims of plaintiff are DISMISSED WITH PREJUDICE as to Morris C.

Sears, individually, but WITHOUT PREJUDICE as to Proof of Claim No. 8, dated May 21, 2009, filed by plaintiff in the United States Bankruptcy Court of the Southern District of Alabama in Case No. 09-11053; 3. That all counterclaims of Morris C. Sears against plaintiff are DISMISSED WITH PREJUDICE; 4. That the plaintiff and Morris C. Sears SHALL BE RESPONSIBLE for their own attorney fees and costs; 5. That plaintiff's Motion To Dismiss Counterclaims of Defendant Morris C. Sears [#172] filed February 11, 2010, is DENIED as moot: and 6. That defendant Morris C. Sears is DROPPED as a named party to this action, and the case caption is amended accordingly. Dated February 25, 2010, at Denver, Colorado. BY THE COURT:

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