Ayers et al v. SSC Thornton Operating Company LLC

Filing 53

ORDER. Plaintiffs Unopposed Motion To Dismiss With Prejudice The Plaintiffs Third and Fifth Claims for Relief and To Dismiss With Prejudice Plaintiffs Julie R. Harris, Christina Talbot, and Estate of Donald D. Ayers, Deceased 52 filed 03/12/2010, is GRANTED. Plaintiffs third and fifth claims for relief (the CCPA claims and the Survival Action) are DISMISSED WITH PREJUDICE with the parties to pay their own attorney fees and costs. Plaintiffs, Julie R. Harris, Christina Talbot, and the Estate of Donald D. Ayers, are DISMISSED WITH PREJUDICE with the parties to pay their own attorney fees and costs. The claims for wrongful death of plaintiff, Irene Ayers, SHALL PROCEED to trial. By Judge Robert E. Blackburn on 03/15/2010.(sah, )

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Judge Robert E. Blackburn Civil Action No. 09-cv-00289-REB-BNB IRENE AYERS, individually, JULIE R. HARRIS, individually, CHRISTINA TALBOT, individually and IRENE AYERS, as personal representative of the ESTATE OF DONALD D. AYERS, deceased, Plaintiffs, v. SSC THORNTON OPERATING COMPANY, LLC., d/b/a ALPINE LIVING CENTER, Defendant. ORDER DISMISSING PLAINTIFFS' THIRD AND FIRTH CLAIMS FOR RELIEF AND DISMISSING PLAINTIFFS JULIE R. HARRIS, CHRISTINA TALBOT, AND THE ESTATE OF DONALD D. AYERS, DECEASED Blackburn, J. The matter before me is Plaintiffs' Unopposed Motion To Dismiss With Prejudice The Plaintiffs' Third and Fifth Claims for Relief and To Dismiss With Prejudice Plaintiffs Julie R. Harris, Christina Talbot, and Estate of Donald D. Ayers, Deceased [#52] filed March 12, 2010. After careful review of the motion and the file, I conclude that the motion should be granted; that plaintiffs' third and fifth claims for relief should be dismissed with prejudice; and that plaintiffs, Julie R. Harris, Christina Talbot, and the Estate of Donald D. Ayers, deceased, should be dismissed with prejudice. THEREFORE, IT IS ORDERED as follows: 1. That Plaintiffs' Unopposed Motion To Dismiss With Prejudice The

Plaintiffs' Third and Fifth Claims for Relief and To Dismiss With Prejudice Plaintiffs Julie R. Harris, Christina Talbot, and Estate of Donald D. Ayers, Deceased [#52] filed March 12, 2010, is GRANTED; 2. That plaintiffs' third and fifth claims for relief (the CCPA claims and the Survival Action) are DISMISSED WITH PREJUDICE with the parties to pay their own attorney fees and costs; 3. That plaintiffs, Julie R. Harris, Christina Talbot, and the Estate of Donald D. Ayers, are DISMISSED WITH PREJUDICE with the parties to pay their own attorney fees and costs; 4. That plaintiffs, Julie R. Harris, Christina Talbot, and the Estate of Donald D. Ayers, are DROPPED as named parties to this litigation, and the case caption is amended accordingly; and 5. That the claims for wrongful death of plaintiff, Irene Ayers, SHALL PROCEED to trial. Dated March 15, 2010, at Denver, Colorado. BY THE COURT:

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