General Star Indemnity Company v. Oakwood Building and Development Co. et al

Filing 154

ORDER that the stipulated motions to dismiss 148 , and 150 are granted. It is further ORDERED that, pursuant to Fed. R. Civ. P. 41(a), this action, and all claims asserted therein between third-party plaintiff K. Denny Moore and third-party defendants, McGee Agencies, Inc. and ADCO General Corporation, is dismissed with prejudice, with each party to bear that partys own attorneys fees and costs. Signed by Judge Philip A. Brimmer on 1/13/09.(erv, )

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Judge Philip A. Brimmer Civil Action No. 07-cv-01846-PAB-MJW GENERAL STAR INDEMNITY COMPANY, a Connecticut corporation, Plaintiff, v. OAKW OOD BUILDING AND DEVELOPMENT CO., a Colorado corporation, a/k/a OAKW OOD BUILDING CORP & DEVELOPMENT a/k/a OAKWOOD CONSTRUCTION COMPANY, LARRY KLEVEN, ALLAN KLEVEN, K. DENNY MOORE, W ALTER and KATHLEEN BLAIR, JEFFREY and SANDRA MCGINNISS, W ILLIAM and LINDA HERLTH, KEVEN and ROBIN RIVARD, STEPHEN and JANE SCHUH, R.J. and STEPHANIE MACFARLANE, TERRY and ROBIN HAMILTON, BARTON NESMITH, W AYNE MAIDEN, LEE and CYNTHIA NEWBERRY, and MARK A. and MICHELLE L. NETHERCOT, Defendants, and OAKW OOD BUILDING AND DEVELOPMENT COMPANY, OAKW OOD CONSTRUCTION COMPANY, LARRY KLEVEN, ALLAN KLEVEN, and K. DENNY MOORE, Third-Party Plaintiffs, v. MCGEE AGENCIES, INC., n/k/a WESTERN GROUP, and ADCO GENERAL CORPORATION, Third-Party Defendants.

_____________________________________________________________________ ORDER OF DISMISSAL _____________________________________________________________________ This matter comes before the Court upon (1) the Stipulated Motion for Dismissal W ith Prejudice of All Claims Pending Between Defendant and Third-Party Plaintiff K. Denny Moore and Third-Party Defendant McGee Agencies, Inc, n/k/a Western Group [Docket No. 148] and (2) the Stipulated Motion for Dismissal With Prejudice of All Claims Pending Between Defendant and Third-Party Plaintiff K. Denny Moore and Third-Party Defendant ADCO General Corporation [Docket No. 150]. The Court has reviewed the pleadings and is fully advised in the premises. It is ORDERED that the stipulated motions to dismiss [Docket Nos. 148, 150] are granted. It is further ORDERED that, pursuant to Fed. R. Civ. P. 41(a), this action, and all claims asserted therein between third-party plaintiff K. Denny Moore and third-party defendants, McGee Agencies, Inc. and ADCO General Corporation, is dismissed with prejudice, with each party to bear that party's own attorneys' fees and costs. DATED January 12, 2009. BY THE COURT:

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

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