Western Showcase Homes Inc. et al v. Champion Homes Builders Company et al

Filing 14

AMENDED ORDER DISMISSING DEFENDANT CHAMPION ENTERPRISES, INC. The Stipulation to Dismiss Defendant Champion Enterprises, Inc. 12 filed 05/13/2009, is APPROVED. Plaintiffs claims against defendant, Champion Enterprises, Inc, areDISMISSED WITHOUT P REJUDICE. Any motion filed on behalf of defendant, Champion Enterprises, Inc., is DENIED AS MOOT. Defendant, Champion Enterprises, Inc., is DROPPED as a named party to this action, and the case caption is amended accordingly. This order SHALL SUPPLANT and SUPERSEDE the Order of Dismissal 13 entered 05/13/2009 by Judge Robert E. Blackburn on 05/13/2009. (sah, )

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Judge Robert E. Blackburn Civil Case No. 09-cv-00791-REB-BNB WESTERN SHOWCASE HOMES, INC., a Nevada corporation, and WESTERN SHOWCASE BUYERS GROUP, L.L.C. a Nevada limited liability company, Plaintiffs, v. CHAMPION HOME BUILDERS COMPANY, a Michigan corporation, and CHAMPION ENTERPRISES, INC., Defendants. AMENDED1 ORDER DISMISSING DEFENDANT CHAMPION ENTERPRISES, INC. Blackburn, J. The matter before me is the Stipulation to Dismiss Defendant Champion Enterprises, Inc. [#12] filed May 13, 2009. After reviewing the stipulation and the file, I conclude that the stipulation should be approved and that plaintiffs' claims against defendant, Champion Enterprises, Inc., should be dismissed without prejudice. THEREFORE, IT IS ORDERED as follows:
1. That the Stipulation to Dismiss Defendant Champion Enterprises, Inc.

[#12] filed May 13, 2009, is APPROVED;
2. That plaintiffs' claims against defendant, Champion Enterprises, Inc, are

DISMISSED WITHOUT PREJUDICE;

I enter this amended order to provide for the dismissal of claims against defendant, Champion Enterprises, Inc., without prejudice, instead of with prejudice as I ordered initially, but erroneously, in my Order of Dismissal [#13] entered May 13, 2009.

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3. That any motion filed on behalf of defendant, Champion Enterprises, Inc., is DENIED AS MOOT;
4. That defendant, Champion Enterprises, Inc., is DROPPED as a named party to this action, and the case caption is amended accordingly; 5. That this order SHALL SUPPLANT and SUPERSEDE the Order of Dismissal [#13] entered May 13, 2009. Dated May 13, 2009, at Denver, Colorado. BY THE COURT:

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