White River Village, LLP, et al., v. Fidelity and Deposit Company of Maryland, et al.,

Filing 584

ORDER of Dismissal as to Third-Party Defendant Cookey's Mechanical, Inc., Only. The Stipulated Motion To Dismiss F&D's Claim Against Cookey's Mechanical, Inc. And To Dismiss Cookey's Mechanical, Inc.'s Counterclaims Agains t F&D [# 583 ] is GRANTED. The claims of the third-party plaintiff, Fidelity and Deposit Company of Maryland, against third-party defendant, Cookey's Mechanical, Inc., are DISMISSED WITH PREJUDICE. The counterclaims of the third-party defenda nt, Cookey's Mechanical, Inc., against the third-party plaintiff, Fidelity and Deposit Company of Maryland, are DISMISSED WITH PREJUDICE. This stipulation does not involve any admission of liability or fault by Fidelity and Deposit Company of Maryland or Cookey's Mechanical, Inc. Third-party defendant, Cookey's Mechanical, Inc. is DROPPED as a named party to this action, and the case caption is amended accordingly. By Judge Robert E. Blackburn on 12/10/2013.(klyon, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Judge Robert E. Blackburn
Civil Action No. 08-cv-00248-REB-MEH
(Consolidated with Civil Action No. 08-cv-00359-REB-MEH)
WHITE RIVER VILLAGE, LLP,
Plaintiff,
v.
FIDELITY AND DEPOSIT COMPANY OF MARYLAND, a Maryland corporation,
Defendant/Third-Party Plaintiff,
and
HEPWORTH-PAWLAK GEOTECHNICAL, INC., a Colorado corporation,
v.
JONATHAN REED & ASSOCIATES, INC.,
S&S JOINT VENTURE,
CLASS CONSTRUCTION, INC.,
BELLAVISTA BUILDERS,
COOKEY’S MECHANICAL, INC.,
CRUZAN CONSTRUCTION COMPANY,
G CONSTRUCTION, INC.,
RENTERIA ROOFING,
EC CONSTRUCTION, INC.,
M.M. SKYLINE CONTRACTING, INC., a/k/a Skyline Contracting,
KOJIN CONSTRUCTION, LLC,
B&B PLUMBING, INC., d/b/a B&B Plumbing and Heating,
WILLIAM BERESFORD, d/b/a William Beresford Painting, and
DEKKER/PERICH/SABATINI, LTD,
Third-Party Defendants.

ORDER OF DISMISSAL AS TO
THIRD-PARTY DEFENDANT COOKEY’S MECHANICAL, INC., ONLY
Blackburn, J.
The matter is before me on the Stipulated Motion To Dismiss F&D’s Claim

Against Cookey’s Mechanical, Inc. And To Dismiss Cookey’s Mechanical, Inc.’s
Counterclaims Against F&D [#583]1 filed December 9, 2013. After reviewing the motion
and the record, I conclude that the motion should be granted.

THEREFORE, IT IS ORDERED as follows:
1. That the Stipulated Motion To Dismiss F&D’s Claim Against Cookey’s
Mechanical, Inc. And To Dismiss Cookey’s Mechanical, Inc.’s Counterclaims
Against F&D [#583] filed December 9, 2013, is GRANTED;
2. That the claims of the third-party plaintiff, Fidelity and Deposit Company of
Maryland, against third-party defendant, Cookey’s Mechanical, Inc., are DISMISSED
WITH PREJUDICE;
3. That the counterclaims of the third-party defendant, Cookey’s Mechanical, Inc.,
against the third-party plaintiff, Fidelity and Deposit Company of Maryland, are
DISMISSED WITH PREJUDICE;
4. That this stipulation does not involve any admission of liability or fault by Fidelity
and Deposit Company of Maryland or Cookey’s Mechanical, Inc.; and
5. That third-party defendant, Cookey’s Mechanical, Inc. is DROPPED as a
named party to this action, and the case caption is amended accordingly.
Dated December 10, 2013, at Denver, Colorado.

BY THE COURT:

1

“[#583]” is an example of the convention I use to identify the docket number assigned to a
specific paper by the court’s electronic case filing and management system (CM/ECF). I use this
convention throughout this order.

2