Fowler v. Garrick

Filing 52

ORDER granting 51 Unopposed Motion to Dismiss Defendant Garrick. Plaintiff's claims against Mr. Garrick in this action are dismissed with prejudice, with each side paying their own costs and attorney fees. Final judgment shall enter against plaintiff and in favor of the defendants. Discharging as moot 46 Order to Show Cause, by Judge Philip A. Brimmer on 2/9/10.(ebs, )

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Judge Philip A. Brimmer Civil Case No. 08-cv-02650-PAB-BNB JASON FOWLER, Plaintiff, v. SEAN GARRICK, Defendant.

ORDER

This matter is before the Court on the Joint Stipulation for Dismissal of Claims Against Defendant Garrick [Docket No. 51]. Although it is entitled a joint stipulation, the filing is signed only by plaintiff's counsel, and plaintiff's counsel designated it as a motion upon filing it with the Court. Therefore, the Court will take it up as an unopposed motion to dismiss defendant Garrick. On December 28, 2009, the Court dismissed the United States as a defendant, leaving Mr. Garrick as the only remaining defendant in this action. In light of the plaintiff's representation that he has reached a settlement with Mr. Garrick, it is ORDERED that the unopposed motion to dismiss defendant Garrick [Docket No. 51] is GRANTED. It is further ORDERED that plaintiff's claims against Mr. Garrick in this action are dismissed with prejudice, with each side paying their own costs and attorney fees. It is further

ORDERED that, in light of the foregoing and the Court's December 28, 2009 Order dismissing the United States, final judgment shall enter against plaintiff and in favor of the defendants. Further, it is ORDERED that the Court's December 30, 2009 order to show cause [Docket No. 46] is discharged as moot.

DATED February 9, 2010. BY THE COURT:

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

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