Cutting v. USA et al

Filing 268

ORDER of Dismissal of Defendant United States of America with Prejudice. Each party to bear its own attorneys' fees and costs. Ordered that all pending motions (#233, #241, #250 and #252) are denied as moot by Judge Philip A. Brimmer on 12/18/09.(jjh, )

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Judge Philip A. Brimmer Civil Action No. 07-cv-02053-PAB-MEH PHILLIP CUTTING, JR., as next friend and parent of INFANT PLAINTIFF, a minor, Plaintiff, v. UNITED STATES OF AMERICA, PAMELA SIMONS, M.D., MERCEDES DELORY, CNM, RS, and SPECTRUM HEALTHCARE RESOURCES, Defendants. _____________________________________________________________________ ORDER OF DISMISSAL OF DEFENDANT UNITED STATES OF AMERICA WITH PREJUDICE _____________________________________________________________________ THIS MATTER comes before the Court upon the Stipulation Of Dismissal between plaintiff and defendant United States of America [Docket No. 267]. The Court has reviewed the pleading and is fully advised in the premises. It is ORDERED that, pursuant to Fed. R. Civ. P. 41(a), and all claims asserted in this matter against defendant United States of America are dismissed with prejudice, with each party to bear its own attorneys' fees and costs. It is further ORDERED that all pending motions (#233, #241, #250 and #252) are denied as moot. DATED December 18, 2009. BY THE COURT: s/Philip A. Brimmer PHILIP A. BRIMMER United States District Judge