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

Filing 606

ORDER of Dismissal as to Third-Party Defendants, B&B Plumbing, Inc., and Kojin Construction, LLC. Stipulated Motion To Dismiss B & B Plumbing, Inc., [# 590 ] is GRANTED. The Stipulated Motion To Dismiss Kojin Construction, Inc., [# 591 ] is GRANTED. The third-party claims of the third-party plaintiff, Fidelity and Deposit Company of Maryland, against third-party defendants, B&B Plumbing, Inc., and Kojin Construction, LLC, are DISMISSED WITH PREJUDICE. Third-party defendants, B & B Plumbing, Inc. and Kojin Construction, LLC, are DROPPED as a named party to this action, and the case caption is AMENDED accordingly. By Judge Robert E. Blackburn on 12/24/2013.(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,
WHITE RIVER TOWNHOMES, LLC,
Plaintiffs,
v.
FIDELITY AND DEPOSIT COMPANY OF MARYLAND, a Maryland corporation,
Defendant/Third-Party Plaintiff,
and
HEPWORTH-PAWLAK GEOTECHNICAL, INC., a Colorado corporation,
Consolidated Defendant,
v.
JONATHAN REED & ASSOCIATES, INC.,
S&S JOINT VENTURE,
CLASS CONSTRUCTION, INC.,
BELLAVISTA BUILDERS,
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 DEFENDANTS, B & B PLUMBING, INC., AND KOJIN
CONSTRUCTION, LLC
Blackburn, J.

The matter is before me on the Stipulated Motion To Dismiss B & B Plumbing,
Inc. [#590]1 and Stipulated Motion To Dismiss Kojin Construction, Inc., 2 [#591] filed
December 16, 2013. After reviewing the motions and the record, I conclude that the
motions should be granted.

THEREFORE, IT IS ORDERED as follows:
1. That the Stipulated Motion To Dismiss B & B Plumbing, Inc., [#590] is
GRANTED;
2. That the Stipulated Motion To Dismiss Kojin Construction, Inc., [#591] is
GRANTED;
3. That the third-party claims of the third-party plaintiff, Fidelity and Deposit
Company of Maryland, against third-party defendants, B&B Plumbing, Inc., and Kojin
Construction, LLC, are DISMISSED WITH PREJUDICE; and
4. That third-party defendants, B & B Plumbing, Inc. and Kojin Construction, LLC,
are DROPPED as a named party to this action, and the case caption is AMENDED
accordingly.
Dated December 24, 2013, at Denver, Colorado.

BY THE COURT:

1

“[#590]” 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

In its third-party complaint [#65], Fidelity and Deposit names Kojin Construction, LLC as a thirdparty defendant. The stipulated motion [#591] speaks of Kojin Construction, Inc. I identify this party using
the name designated in the third-party complaint [#65].

2