Home Design Services, Inc. v. Gomez et al

Filing 35

ORDER of Dismissal Without Prejudice as to Defendant KS Custom Builders, Inc. Only pursuant to the 34 Notice of Voluntary Dismissal Without Prejudice. Pursuant to Fed. R. Civ. P. 41(a)(1)(A)(i) all claims asserted in this matter against defendant KS Custom Builders, Inc. are dismissed without prejudice, with each party to bear its own attorneys fees and costs, by Judge Philip A. Brimmer on 8/14/09.(ebs, )

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Judge Philip A. Brimmer Civil Case No. 09-cv-00268-PAB-MEH HOME DESIGN SERVICES, INC., Plaintiff, v. NOE A. GOMEZ, SANDRA GOMEZ, GREGORY K. BARNETT d/b/a Barnetts Designs, Inc., KS CUSTOM BUILDERS, INC., and G CONSTRUCTION, INC. Defendants. _____________________________________________________________________ ORDER OF DISMISSAL WITHOUT PREJUDICE AS TO DEFENDANT KS CUSTOM BUILDERS, INC. ONLY _____________________________________________________________________ THIS MATTER comes before the Court upon the Notice of Voluntary Dismissal Without Prejudice [Docket No. 34]. The Court has reviewed the pleading and is fully advised in the premises. It is further ORDERED that, pursuant to Fed. R. Civ. P. 41(a)(1)(A)(i) all claims asserted in this matter against defendant KS Custom Builders, Inc. are dismissed without prejudice, with each party to bear its own attorneys' fees and costs. DATED August 14, 2009. BY THE COURT: s/ Philip A. Brimmer PHILIP A. BRIMMER United States District Judge