Ti Training Corp. et al v. FAAC, Incorporated et al

Filing 65

ORDER APPROVED 64 Stipulation for Dismissal of Claims With Prejudice, it is ORDERED that Claims II, III, IV, V and VI of the Amended Complaint are DISMISSED WITH PREJUDICE against Defendants Livesight and Steven Rubino. Further, Defendants Livesigh t and Rubinos Counterclaims against Plaintiffs are DISMISSED WITH PREJUDICE. Defendants Livesight and Steven Rubino are DISMISSED from the case and shall hereafter be taken off the caption. Each party shall pay his or its own attorneys fees and costs . Plaintiffs claims remain pending against Defendant FAAC, Incorporated; Denying as Moot 27 MOTION to Dismiss Defendants Livesight and Rubino's Counterclaims for Failure to State a Claim For Which Relief May Be Granted filed by Ti Training Corp.. by Chief Judge Wiley Y. Daniel on 1/6/2010. (erv, )

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Chief Judge Wiley Y. Daniel Civil Action No. 09-cv-00973-WYD-MEH TI TRAINING CORP., a Delaware corporation; and GREG OTTE, an individual, Plaintiffs, v. FAAC, INCORPORATED, d/b/a IES INTERACTIVE TRAINING, a Michigan corporation; LIVE SIGHT TARGET SYSTEMS, INCORPORATED, a Florida corporation; and STEVEN RUBINO, an individual, Defendants. ORDER OF DISMISSAL OF CERTAIN PARTIES AND CLAIMS THIS MATTER is before the Court on the Stipulated Dismissal of Claims with Prejudice (filed January 4, 2010). The Stipulation seeks a dismissal of certain claims with prejudice pursuant to a settlement that resolves all disputes between Plaintiffs and Defendants Livesight Target Systems Incorporated ["Livesight"] and Steven Rubino. After a careful review of the Stipulation and the file, I conclude that the Stipulation should be approved. Accordingly, it is ORDERED that the Stipulated Dismissal of Claims With Prejudice is APPROVED. Consistent therewith, it is ORDERED that Claims II, III, IV, V and VI of the Amended Complaint are DISMISSED WITH PREJUDICE against Defendants Livesight and Steven Rubino. Further, Defendants Livesight and Rubino's Counterclaims against Plaintiffs are

DISMISSED WITH PREJUDICE. Defendants Livesight and Steven Rubino are DISMISSED from the case and shall hereafter be taken off the caption. Each party shall pay his or its own attorneys' fees and costs. Plaintiffs' claims remain pending against Defendant FAAC, Incorporated. Finally, it is ORDERED that Plaintiffs' Motion to Dismiss Live Sight and Rubino's Counterclaim for Failure to State a Claim Upon Which Relief Can Be Granted (doc. # 27) is DENIED AS MOOT. Dated: January 6, 2010 BY THE COURT: s/ Wiley Y. Daniel Wiley Y. Daniel Chief United States District Judge

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