Frank Baxter General Contractor, Inc. v. Spraddle Creek Automative Real Estate, LLC et al

Filing 41

ORDER granting 31 Plaintiffs Stipulated Dismissal of Certain Defendants and Counterclaims with Prejudice. it is hereby ORDERED that Defendants Dean R. Haave, Philip J. Konsella and Comerica Bank, and all claims asserted by Comerica Bank are DISMIS SED WITH PREJUDICE, each party to pay his or its own costs and attorney fees. The Court also notes that Plaintiff Frank Baxter has filed a Notice of Voluntary Dismissal of Parties 37 . Upon review of that Notice, it is hereby ORDERED that all claims by Plaintiff Frank Baxter against Defendants Bankers Bank of the West, Everest Materials, LLC, Phoenix Automatic Sprinkler, Inc., and the Public Trustee of Summit County, Colorado are DISMISSED and these Defendants are hereby DISMISSED WITH PREJUDICE, each party to pay its own costs and attorney fees. Signed by Judge Christine M. Arguello on 1/8/09.(erv, )

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Judge Christine M. Arguello Civil Action No. 08­cv­02153­CMA-KMT FRANK BAXTER GENERAL CONTRACTOR, INC., Plaintiff, v. SPRADDLE CREEK AUTOMOTIVE REAL ESTATE, LLC., a Colorado limited liability company; BANKERS' BANK OF THE WEST; COMERICA BANK; DEAN R. HAAVE, an individual; PHILIP J. KONSELLA, LLC; EVERIST MATERIALS, LLC; PHOENIX AUTOMATIC SPRINKLER, INC.; and THE PUBLIC TRUSTEE OF SUMMIT COUNTY, Defendants. _____________________________________________________________________ ORDER GRANTING DISMISSAL OF CERTAIN DEFENDANTS AND COUNTERCLAIMS WITH PREJUDICE _____________________________________________________________________ This matter is before the Court upon Plaintiff's Stipulated Dismissal of Certain Defendants and Counterclaims with Prejudice (Doc. # 31) and the Court being fully advised in the premises, it is hereby ORDERED that Defendants Dean R. Haave, Philip J. Konsella and Comerica Bank, and all claims asserted by Comerica Bank are DISMISSED WITH PREJUDICE, each party to pay his or its own costs and attorney fees. The Court also notes that Plaintiff Frank Baxter has filed a Notice of Voluntary Dismissal of Parties (Doc. # 37). Upon review of that Notice, it is hereby

ORDERED that all claims by Plaintiff Frank Baxter against Defendants Bankers' Bank of the West, Everest Materials, LLC, Phoenix Automatic Sprinkler, Inc., and the Public Trustee of Summit County, Colorado are DISMISSED and these Defendants are hereby DISMISSED WITH PREJUDICE, each party to pay its own costs and attorney fees. It is FURTHER ORDERED that the caption on all subsequent filings shall reflect the dismissal from this case of the above-referenced defendants and that Spraddle Creek Automotive Real Estate, LLC is the sole remaining defendant. DATED: January 8 , 2009 BY THE COURT: s/ Christine M. Arguello ________________________________ CHRISTINE M. ARGUELLO United States District Judge

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