Bullock v. Freightliner, LLC et al

Filing 91

ORDER granting 60 Motion to Dismiss Party. Party Domino's Pizza, LLC are dismissed without prejudice, each party to bear its own attorneys' fees and costs by Judge Philip A. Brimmer on 02/12/09.(jjh, )

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Judge Philip A. Brimmer Civil Action No. 08-cv-00491-PAB-MEH AMY BULLOCK, as an individual, as the next of kin and personal representative of JEFFREY BULLOCK, deceased, and as parent and next friend of ADAM BULLOCK, CHELSEA BULLOCK, and MELISSA BULLOCK, Plaintiff, and DOMINO'S PIZZA, LLC, Plaintiff-Intervenor, v. FREIGHTLINER, LLC, a limited liability company and a division of Daimler Trucks North America, LLC, and PENSKE TRUCK LEASING COMPANY, L.P., a limited partnership, Defendants. _____________________________________________________________________ ORDER OF DISMISSAL WITHOUT PREJUDICE AS TO PLAINTIFF-INTERVENOR DOMINO'S PIZZA, LLC AND DEFENDANT PENSKE TRUCK LEASING COMPANY, L.P. _____________________________________________________________________ THIS MATTER comes before the Court upon the parties' Joint Motion for Dismissal Without Prejudice [Docket No. 60]. The Court has reviewed the pleading and is fully advised in the premises. It is ORDERED that the motion for dismissal [Docket No. 60] is granted. It is further ORDERED that, pursuant to Fed. R. Civ. P. 41(a), all claims asserted in this matter by plaintiff-intervenor Domino's Pizza LLC against defendant Penske Truck

Leasing Co., L.P., and the Counterclaim asserted by Penske Truck Leasing Co., L.P. against Domino's Pizza, LLC are dismissed without prejudice, with each party to bear its own attorneys' fees and costs. DATED February 12, 2009. BY THE COURT:

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

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