Federal Fruit & Produce Co. v. Red Tomato, Inc et al

Filing 49

ORDER of Dismissal as to Remaining Defendant Jessica Liotta Without Prejudice by Judge Richard P. Matsch on 01/22/10. (jjh, )

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Senior Judge Richard P. Matsch Civil Action No. 08-cv-01114-RPM-MEH FEDERAL FRUIT & PRODUCE CO., Plaintiff, v. RED TOMATO, INC., THOMAS R. LIOTTA, and JESSICA LIOTTA, Defendants. _____________________________________________________________________ ORDER OF DISMISSAL AS TO REMAINING DEFENDANT JESSICA LIOTTA WITHOUT PREJUDICE _____________________________________________________________________ In this civil action a judgment was entered as to the defendant Red Tomato, Inc., on March 20, 2009. The defendant Thomas R. Liotta, deceased, was dismissed by a notice of dismissal on February 3, 2009, and the remaining defendant Jessica Liotta filed bankruptcy. On January 12, 2010, this Court entered an order to show cause why this action should not be dismissed as to defendant Jessica Liotta and on January 21, 2010, the plaintiff filed a response to that order to show cause, consenting to an order of dismissal and anticipation of a settlement of an adversary proceeding in the Bankruptcy Court. Pursuant to that response, it is now ORDERED that this civil action is dismissed, without prejudice, as to the remaining defendant Jessica Liotta. DATED: January 22nd, 2010 BY THE COURT: s/Richard P. Matsch ________________________________ Richard P. Matsch, Senior District Judge