Fraser v. High Mountain Concepts, LLC

Filing 38

ORDER. On receipt of the payment of $75,000.00 from Defendant, Plaintiff shall file a notice with the Court, whereupon this case shall be dismissed with prejudice; each party to bear its own fees and costs. All pending deadlines and hearings, in cluding the Final Pretrial Conference, set for 02/26/2010, the Trial Preparation Conference, set for 06/04/2010, and the Trial, set to commence 06/28/2010, are VACATED. The Defendants Motion To Dismiss 10 filed 05/11/2009, is DENIED as moot. Under D.C.COLO.LCivR 41.2, the clerk is DIRECTED to close this civil action administratively, subject to reopening for good cause. By Judge Robert E. Blackburn on 01/05/2010. (sah, )

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Judge Robert E. Blackburn Civil Case No. 09-cv-00842-REB-MEH SCOTT FRASER, an individual, Plaintiff, v. HIGH MOUNTAIN CONCEPTS, LLC, a Colorado limited liability company, Defendant. ORDER Blackburn, J. The matter comes before me on the Parties' Notice of Settlement and Request for Entry of Order [#37] filed December 22, 2009. After careful review of the notice and the file, IT IS ORDERED as follows: 1. That on receipt of the payment of $75,000.00 from Defendant, Plaintiff shall file a notice with the Court, whereupon this case shall be dismissed with prejudice; each party to bear its own fees and costs; 2. That if Defendant fails to pay Plaintiffs $75,000.00 by July 15, 2010, then Plaintiffs may file a Confession of Judgment, substantially in the form attached as Exhibit A to the parties' motion, whereupon the Court shall immediately enter judgment for the Plaintiff and against Defendant in the amount of $100,000.00; 3. That all pending deadlines and hearings, including the Final Pretrial Conference, set for February 26, 2010, the Trial Preparation Conference, set for June

4, 2010, and the Trial, set to commence June 28, 2010, are VACATED; 4. That the Defendant's Motion To Dismiss [#10] filed May 11, 2009, is DENIED as moot; and 5. That under D.C.COLO.LCivR 41.2, the clerk is DIRECTED to close this civil action administratively, subject to reopening for good cause. Dated January 5, 2010, at Denver, Colorado. BY THE COURT:

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