Bains Ultra Inc. v. 7677 East Berry Avenue Associates, L.P. et al

Filing 105

AMENDED ORDER OF DISMISSAL WITH PREJUDICE: Joint 102 Motion for Dismissal Pursuant to Fed. R.Civ.P. 41 (a)(2) is GRANTED. All claims asserted are dismissed with prejudice, each party to bear his, her or its own costs and attorneys fees incurred in connection with this action. The Clerk shall reopen this case as the Courts previous 104 Order was issued in error, by Judge Marcia S. Krieger on 06/26/09. (wjc, )

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Honorable Marcia S. Krieger Civil Action No. 08-cv-02021-MSK-KLM BAINS ULTRA INC., Plaintiff, v. EVEREST DEVELOPMENT COMPANY, LLC, Defendant.

AMENDED ORDER OF DISMISSAL WITH PREJUDICE THIS MATTER is before the Court on the Joint Motion for Dismissal Pursuant to Fed. R. Civ.P. 41 (a)(2) (#102) filed June 26, 2009. The Court having reviewed the foregoing: ORDERS that the Joint Motion is GRANTED. All claims asserted in the abovecaptioned matter are dismissed with prejudice, each party to bear his, her or its own costs and attorneys' fees incurred in connection with this action. It is FURTHER ORDERED that the Clerk shall reopen this case as the Court's previous Order at docket entry #104 was issued in error. DATED this 26th day of June, 2009. BY THE COURT:

Marcia S. Krieger

United States District Judge