Bullock v. Wayne et al

Filing 133

ORDER accepting 130 Stipulated Motion for Dismissal of Counterclaim Plaintiff John D. Wayne's Counterclaims Against Rebecca Bullock. Counterclaim plaintiff's counterclaims against counterclaim defendant Rebecca Bullock are dismissed. Ju dgment is amended to reflect that judgment enters in favor of John D. Wayne as defendant and counterclaim plaintiff and in favor of Basin Surveying, Inc. as defendant and against Rebecca E. Bullock as plaintiff and counterclaim defendant, by Judge Philip A. Brimmer on 6/26/09.(ebs, )

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Judge Philip A. Brimmer Civil Action No. 08-cv-00339-PAB-KMT REBECCA E. BULLOCK, Plaintiff, v. JOHN D. WAYNE and BASIN SURVEYING, INC., Defendants. _____________________________________________________________________ ORDER _____________________________________________________________________ This matter is before the Court on the Stipulated Motion for Dismissal of Counterclaim Plaintiff John D. Wayne's Counterclaims Against Rebecca Bullock [Docket No. 130]. Although based on the representations of the parties, the Court previously understood the parties to have stipulated to the dismissal of Mr. Wayne's counterclaims pursuant to Federal Rule of Civil Procedure 41, a review of the record does not make that fact clear. Furthermore, while the Final Order and Final Judgment in this case [Docket Nos. 125, 126] arguably address the counterclaims, they do not explicitly do so. Therefore, to avoid any confusion going forward, it is ORDERED that the stipulated dismissal [Docket No. 130] is accepted and counterclaim plaintiff's counterclaims against counterclaim defendant Rebecca Bullock are dismissed. It is further ORDERED that the judgment shall be amended to reflect the fact that judgment enters in favor of John D. Wayne as defendant and counterclaim plaintiff and in favor of

Basin Surveying, Inc. as defendant and against Rebecca E. Bullock as plaintiff and counterclaim defendant. No other amendments to the judgment are to be made.

DATED June 26, 2009. BY THE COURT:

s/Philip A. Brimmer PHILIP A. BRIMMER United States District Judge

2