Mendoza v. Atlas Concrete, Inc.

Filing 47

ORDER of Dismissal. Granting 46 Plaintiff's Unopposed Motion to Dismiss with Prejudice. Trial Preparation Conference and Trial are vacated. Action is dismissed with prejudice with parties to pay their own attorney fees and costs, by Judge Robert E. Blackburn on 10/8/09.(gmssl, )

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Judge Robert E. Blackburn Civil Case No. 09­cv­00454­REB­KMT ANTHONY MENDOZA, Plaintiff, v. ATLAS CONCRETE, INC., a Colorado corporation, TAB CONSTRUCTION, INC., a Colorado corporation, and DWAYNE HEIDELBURG, individually, Defendants. ORDER OF DISMISSAL Blackburn, J. The matter before me is the plaintiff's Unopposed Motion to Dismiss with Prejudice [#46] filed October 6, 2009. After careful review of the motion and the file, I conclude that the motion should be granted and that this action should be dismissed with prejudice. THEREFORE, IT IS ORDERED as follows: 1. That the plaintiff's Unopposed Motion to Dismiss with Prejudice [#46], filed October 6, 2009, is GRANTED; 2. That the Trial Preparation Conference set for March 5, 2010, is VACATED; 3. 4. That the jury trial set to commence March 22, 2010, is VACATED; and That this action is DISMISSED WITH PREJUDICE with the parties to pay their own attorney fees and costs. Dated October 8, 2009, at Denver, Colorado. BY THE COURT: 2

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