American Family Mutual Insurance Company, Inc. v. Denver Haslam et al

Filing 265

ORDER. The Stipulation Pursuant To Rule 41 For Dismissal of First Counterclaim of Fall River Village Communities 264 filed 07/28/2010, is APPROVED. The first counterclaim of Fall River Village Communities (breach ofcontract) is DISMISSED WITH PREJUDICE. Pursuant to REB Civ. Practice Standard II.I.1, the parties shall file a joint status report by 08/09/2010, identifying the remaining claims in this matter. By Judge Robert E. Blackburn on 07/28/2010. (sah, )

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Judge Robert E. Blackburn Civil Action No. 09-cv-00724-REB-MEH AMERICAN FAMILY MUTUAL INSURANCE COMPANY, a Wisconsin corporation, Plaintiff, v. DENVER HASLAM, COMMERCIAL CAPITAL, INC., MIKEL MEWBOURN M&B, DEVELOPMENT GROUP, INC., FALL RIVER VILLAGE COMMUNITIES, LLC, ONEWEST BANK, FSB DEUTSCHE BANK, and NATIONAL TRUST COMPANY, Defendants. ORDER APPROVING STIPULATION PURSUANT TO RULE 41 FOR DISMISSAL OF FIRST COUNTERCLAIMS OF FALL RIVER VILLAGE COMMUNITIES Blackburn, J. The matter before me is the Stipulation Pursuant To Rule 41 For Dismissal of First Counterclaim of Fall River Village Communities [#264] filed July 28, 2010. After reviewing the stipulation and the file, I conclude that the stipulation should be approved and that the first counterclaim of Fall River Village Communities (breach of contract) should be dismissed with prejudice. THEREFORE, IT IS ORDERED as follows: 1. That the Stipulation Pursuant To Rule 41 For Dismissal of First Counterclaim of Fall River Village Communities [#264] filed July 28, 2010, is APPROVED;

2. That the first counterclaim of Fall River Village Communities (breach of contract) is DISMISSED WITH PREJUDICE; and 3. That pursuant to REB Civ. Practice Standard II.I.1, the parties shall file a joint status report by August 9, 2010, identifying the remaining claims in this matter. Dated July 28, 2010, at Denver, Colorado. BY THE COURT:

2