Walter v. Level 3 Communications, Inc. et al
ORDER re: 88 Stipulation of Dismissal of Party filed by Peter Fragale, Peter Fragale and Peter Fragale terminated. Pursuant to the Order dated 04/13/2010. By Judge Robert E. Blackburn on 04/13/2010. (sah, )
IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Judge Robert E. Blackburn Civil Action No. 09-cv-00658-REB (Consolidated with Civil Action Nos. 09-cv-00952-REB-CBS and 09-cv-01050-REB-CBS) D. EDWARD WALTER, individually and on behalf of all others similarly situated, Plaintiff, v. LEVEL 3 COMMUNICATIONS, INC., et al., Defendants. ORDER DISMISSING PLAINTIFF PETER FRAGALE, ONLY Blackburn, J. The matter before me is the plaintiff's Rule 41 Stipulation of Dismissal [#88] filed April 12, 2010. After careful review of the stipulation and the file, I conclude that the stipulation should be approved and that Peter Fragale, who is a plaintiff in Civil Action Nos. 09-cv-00658REB-CBS, and 09-cv-01050-REB-CBS, should be dismissed without prejudice. THEREFORE, IT IS ORDERED as follows: 1. That plaintiff's Rule 41 Stipulation of Dismissal [#88] filed April 12, 2010, is APPROVED; and 2. That Peter Fragale, who is a plaintiff in Civil Action Nos. 09-cv-00658-REB-CBS, and 09-cv-01050-REB-CBS, is DISMISSED WITHOUT PREJUDICE with the parties to pay their own attorney fees and costs. Dated April 13, 2010, at Denver, Colorado. BY THE COURT:
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