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

Filing 716

ORDER DISMISSING CLAIMS OF FIDELITY & DEPOSIT COMPANY OF MARYLAND AGAINST WHITE RIVER ENTITIES: Stipulated 705 Motion for Voluntary Dismissal Pursuant to F.R.C.P. 41(a)(2) and 41(a)(1)(A)(ii) is granted. The claims of Fidelity and Deposit Compa ny of Maryland against White River Village LLP, White River Townhomes, LLC, and Jonathan Reed & Associates Inc are dismissed without prejudice. By Judge Robert E. Blackburn on 3/12/2015. (alowe) (Main Document 716 replaced on 3/12/2015 to correct misspelling in the title) (alowe).

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 and
WHITE RIVER TOWNHOMES, LLC,
Plaintiffs,
v.
FIDELITY AND DEPOSIT COMPANY OF MARYLAND,
Defendant, Third-Party Plaintiff,
v.
S&S JOINT VENTURE,
Third-Party Defendant, Counterclaim Plaintiff,
BELLAVISTA BUILDERS,
CRUZAN CONSTRUCTION COMPANY,
RENTERIA ROOFING, and
EC CONTRACTORS, LLC,
Third-Party Defendants,
JONATHAN REED & ASSOCIATES, INC.,
Third-Party Defendant, Cross-Claim Defendant.

ORDER DISMISSING CLAIMS OF FIDELITY & DEPOSIT
COMPANY OF MARYLAND AGAINST WHITE RIVER ENTITIES
Blackburn, J.
The matter is before the court on the Stipulated Motion For Voluntary
Dismissal Pursuant to F.R.C.P. 41(a)(2) and 41(a)(1)(A)(ii) [#705]1 filed October 31,

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“[#705]” 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.

2014. After reviewing the motion and the record, I conclude that the motion should be
granted and the claims of Fidelity and Deposit Company of Maryland against White
River Village, LLP, White River Townhomes, LLC, and Jonathan Reed & Associates,
Inc., should be dismissed without prejudice.
THEREFORE, IT IS ORDERED as follows:
1. That the Stipulated Motion For Voluntary Dismissal Pursuant to F.R.C.P.
41(a)(2) and 41(a)(1)(A)(ii) [#705] filed October 31, 2014, is granted;
2. That the claims of Fidelity and Deposit Company of Maryland against White
River Village, LLP, White River Townhomes, LLC, and Jonathan Reed & Associates,
Inc., are dismissed without prejudice;
3. That Fidelity and Deposit Company of Maryland, White River Village, LLP,
White River Townhomes, LLC, and Jonathan Reed and Associates, Inc., agree that
they will not seek to seek to recover from each other any costs and fees incurred in this
matter; and
4. That nothing in this dismissal shall be considered or construed as a dismissal
or waiver of any claim Fidelity and Deposit Company of Maryland has or may have
against any other party to this action.
Dated March 12, 2014, at Denver, Colorado.
BY THE COURT:

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