Watson et al v. Dillon Companies, Inc. et al

Filing 781

ORDER granting 778 Motion to Dismiss With Prejudice All Claims Against Defendant Birds Eye Foods, Inc. Each party to pay its own attorney fees and costs by Chief Judge Wiley Y. Daniel on 09/06/12.(jjhsl, )

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Chief Judge Wiley Y. Daniel Civil Action No. 08-cv-00091-WYD-CBS WAYNE WATSON and MARY WATSON, Plaintiffs, v. DILLON COMPANIES, INC., d/b/a/ KING SOOPERS, also d/b/a INTER-AMERICAN PRODUCTS, INC., et al., Defendants. ORDER OF DISMISSAL WITH PREJUDICE OF DEFENDANT, BIRDS EYE FOODS, INC. THIS MATTER comes before the Court on both Plaintiffs’ Unopposed Motion to Dismiss With Prejudice All Claims Against Defendant, Birds Eye Foods, Inc. and the attached Stipulation for Dismissal With Prejudice of Plaintiffs, Wayne Watson and Mary Watson’s Claim Against Defendant, Birds Eye Foods, Inc. (ECF No. 778), filed September 3, 2012. After carefully reviewing the file in this matter, I find that the motion should be granted and the stipulation should be adopted. Accordingly, it is ORDERED that Plaintiffs’ Unopposed Motion to Dismiss With Prejudice All Claims Against Defendant Birds Eye Foods, Inc. is GRANTED and the Stipulation for Dismissal With Prejudice of Plaintiffs, Wayne Watson and Mary Watson’s Claim Against Defendant, Birds Eye Foods, Inc. is ADOPTED. However, this Order does not affect any claims that Plaintiffs may have against any other party other than Birds Eye Foods, Inc. Thus, it is FURTHER ORDERED that the claims asserted by Plaintiffs against Defendant, Birds Eye, Inc. are DISMISSED WITH PREJUDICE, each party to pay its own attorney fees and costs. Dated: September 6, 2012 BY THE COURT: s/ Wiley Y. Daniel Wiley Y. Daniel Chief United States District Judge -2-

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