Vigilant Insurance Company v. Atmos Energy Corporation et al

Filing 54

ORDER. The Stipulation For Dismissal With Prejudice [#53] filed F02/25/2010, is APPROVED. Plaintiffs claims against defendant Tony Veit Builders, Inc., are DISMISSED WITH PREJUDICE, with the parties to pay their own attorney fees and costs. Any pe nding motion filed by or on behalf of defendant, Tony Veit Builders, Inc., is DENIED as moot. Defendant, Tony Veit Builders, Inc., is DROPPED as a named party to this litigation, and the case caption is amended accordingly. By Judge Robert E. Blackburn on 02/25/2010. (sah, )

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Judge Robert E. Blackburn Civil Case No. 09-cv-00591-REB-KLM VIGILANT INSURANCE COMPANY, a New York corporation, Plaintiff, v. ATMOS ENERGY CORPORATION, a Texas corporation, and TONY VEIT BUILDERS, INC., a Colorado corporation, Defendants. ORDER DISMISSING DEFENDANT TONY VEIT BUILDERS, INC., ONLY Blackburn, J. The matter before me is the Stipulation For Dismissal With Prejudice [#53] filed February 25, 2010. After careful review of the stipulation and the file, I conclude that the stipulation should be approved and that plaintiff's claims against defendant, Tony Veit Builders, Inc., should be dismissed with prejudice. THEREFORE, IT IS ORDERED as follows: 1. That the Stipulation For Dismissal With Prejudice [#53] filed February 25, 2010, is APPROVED; 2. That plaintiff's claims against defendant Tony Veit Builders, Inc., are DISMISSED WITH PREJUDICE, with the parties to pay their own attorney fees and costs; 3. That any pending motion filed by or on behalf of defendant, Tony Veit Builders, Inc., is DENIED as moot; and

4. That defendant, Tony Veit Builders, Inc., is DROPPED as a named party to this litigation, and the case caption is amended accordingly. Dated February 25, 2010, at Denver, Colorado. BY THE COURT:

2