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

Filing 699

ORDER approving 698 Stipulation for Dismissal of Third Party Claims against Class Construction Inc. By Judge Robert E. Blackburn on 10/6/2014.(alowe)

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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-BNB) WHITE RIVER VILLAGE, LLP and WHITE RIVER TOWNHOMES, LLC, Plaintiffs, v. FIDELITY AND DEPOSIT COMPANY OF MARYLAND, Defendant & Third-Party Plaintiff, v. CLASS CONSTRUCTION, INC., BELLAVISTA BUILDERS, CRUZAN CONSTRUCTION COMPANY, RENTERIA ROOFING, EC CONTRACTORS, LLC, M.M. SKYLINE CONTRACTING, INC., a/k/a Skyline Contracting, and JONATHAN REED & ASSOCIATES, INC., Third-Party Defendants. ORDER APPROVING STIPULATION FOR DISMISSAL OF THIRD-PARTY CLAIMS AGAINST CLASS CONSTRUCTION, INC. Blackburn, J. The matter is before the court on the Stipulation For Dismissal of Third-Party Claims Against Class Construction, Inc. [#698]1 filed September 29, 2014. After reviewing the stipulation and the record, I conclude that the stipulation should be 1 “[#698]” is an example of the convention I use to identify the docket number assigned to a specific paper by the court’s case management and electronic case filing system (CM/ECF). I use this convention throughout this order. approved and that the third-party claims of the third-party plaintiff Fidelity and Deposit Company of Maryland against third-party defendant Class Construction, Inc., should be dismissed with prejudice. THEREFORE, IT IS ORDERED as follows: 1. That the Stipulation For Dismissal of Third-Party Claims Against Class Construction, Inc. [#698] filed September 29, 2014, is APPROVED; 2. That the third-party claims of the third-party plaintiff Fidelity and Deposit Company of Maryland against third-party defendant Class Construction, Inc., are DISMISSED WITH PREJUDICE with each of the affected parties to pay its own attorney fees and costs; 3. That this stipulation does not involve any admission of liability or fault by Fidelity and Deposit Company of Maryland or Class Construction, Inc.; and 4. That third-party defendant Class Construction, Inc., is DROPPED as a named party to this action, and the case caption is amended accordingly. Dated October 6, 2014, at Denver, Colorado. BY THE COURT: 2

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