Zordel et al v. Avalon Correctional Services, Inc. et al

Filing 47

ORDER OF DISMISSAL OF PLAINTIFFS' FIFTH CLAIM WITH PREJUDICE Granting 46 Stipulated Motion to Dismiss Plaintiffs' Breach of Contract Claim. Pursuant to Fed. R. Civ. P. 41(a), Plaintiffs fifth claim against defendant for breach of contract asserted in its Amended Complaint [Docket No. 38] is dismissed with prejudice, with each party to bear its own attorneys fees and costs, by Judge Philip A. Brimmer on 5/18/09.(ebs, )

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Judge Philip A. Brimmer Civil Case No. 08-cv-02356-PAB-BNB THERESA ZORDEL, et al., Plaintiffs, v. AVALON CORRECTIONAL SERVICES, INC. Defendant. _____________________________________________________________________ ORDER OF DISMISSAL OF PLAINTIFFS' FIFTH CLAIM WITH PREJUDICE _____________________________________________________________________ THIS MATTER comes before the Court upon the Stipulated Motion to Dismiss Plaintiffs' Breach of Contract Claim [Docket No. 46]. The Court has reviewed the pleading and is fully advised in the premises. It is ORDERED that the Stipulated Motion to Dismiss Plaintiffs' Breach of Contract Claim [Docket No. 46] is granted. It is further ORDERED that, pursuant to Fed. R. Civ. P. 41(a), Plaintiffs' fifth claim against defendant for breach of contract asserted in its Amended Complaint [Docket No. 38] is dismissed with prejudice, with each party to bear its own attorneys' fees and costs. DATED May 18, 2009. BY THE COURT:

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