Byers v. Centura Health Parker Adventist Hospital et al

Filing 49

ORDER DISMISSING CASE WITH PREJUDICE, with each party to pay their own attorney fees and costs. It is FURTHER ORDERED that the Final Trial Preparation Conference set for Friday, September 17, 2010, at 3:30 p.m. and the seven (7) day Trial to the Court set to commence on October 4, 2010, are VACATED. by Chief Judge Wiley Y. Daniel on 3//9/2010. (erv, )

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Chief Judge Wiley Y. Daniel Civil Action No. 08-cv-02083-WYD-BNB CARMELIA BYERS, Plaintiff, v. CENTURA HEALTH PARKER ADVENTIST HOSPITAL, PORTERCARE ADVENTIST HEALTH SYSTEM, d/b/a PARKER ADVENTIST HOSPITAL, Defendants. ORDER OF DISMISSAL THIS MATTER is before the Court on the parties' Stipulation for Dismissal with Prejudice (filed March 8, 2010). The Stipulation seeks a dismissal of the case with prejudice pursuant to Fed. R. Civ. P. 41(a)(1)(A)(ii). After a careful review of the Stipulation and the file, I conclude that the Stipulation should be approved and the case dismissed. Accordingly, it is ORDERED that the Stipulation for Dismissal with Prejudice is APPROVED and this matter is DISMISSED WITH PREJUDICE, with each party to pay their own attorney fees and costs. It is FURTHER ORDERED that the Final Trial Preparation Conference set for Friday, September 17, 2010, at 3:30 p.m. and the seven (7) day Trial to the Court set to commence on October 4, 2010, are VACATED. Dated: March 9, 2010 BY THE COURT: s/ Wiley Y. Daniel Wiley Y. Daniel Chief United States District Judge -2-

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