Kerr et al v. Heather Gardens Association, The et al

Filing 82

ORDER OF DISMISSAL WITH PREJUDICE AND TO CLOSE CASE. The 81 Stipulated Motion to Dismiss With Prejudice is GRANTED. Any and all claims asserted in the above-captioned matter are dismissed with prejudice, each party to bear his, her or its own costs and attorneys' fees incurred in connection with this action. The jury trial set to commence on 01/03/2011 is VACATED. The Clerk shall close this case, by Judge Marcia S. Krieger on 12/28/2010.(wjc, )

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Honorable Marcia S. Krieger Civil Action No. 09-cv-00409-MSK-MJW SHARON KERR, an individual; and COLORADO CROSS-DISABILITY COALITION, a Colorado Non-profit Corporation, Plaintiffs, v. THE HEATHER GARDENS ASSOCIATION, a Colorado Corporation; and HEATHER GARDENS METROPOLITAN DISTRICT, a Colorado Metropolitan District, Defendants. ORDER OF DISMISSAL WITH PREJUDICE AND TO CLOSE CASE THIS MATTER is before the Court on the Stipulated Motion to Dismiss With Prejudice (#81) filed December 28, 2010. The Court having reviewed the foregoing: ORDERS that the Motion is GRANTED. Any and all claims asserted in the abovecaptioned matter are dismissed with prejudice, each party to bear his, her or its own costs and attorneys' fees incurred in connection with this action. The jury trial set to commence on January 3, 2011, is VACATED. The Clerk shall close this case. DATED this 28th day of December, 2010. BY THE COURT:

Marcia S. Krieger United States District Judge