Baru v. Arapahoe Medical Investors LLC et al

Filing 7

ORDER granting 5 Stipulated Motion to Dismiss Count III - Punitive Damages Without Prejudice. Pursuant to Fed. R. Civ. P. 41(a), count three of the Complaint 1 , is dismissed without prejudice, with each party to bear its own attorneys' fees and costs, by Judge Philip A. Brimmer on 6/21/09.(ebs, )

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Judge Philip A. Brimmer Civil Case No. 09-cv-01254-PAB-MEH KAREN BARU, Plaintiff, v. ARAPAHOE MEDICAL INVESTORS LLC and LIFE CARE CENTERS OF AMERICA INC., Defendants. _____________________________________________________________________ ORDER DISMISSING COUNT THREE WITHOUT PREJUDICE _____________________________________________________________________ THIS MATTER comes before the Court upon the Stipulated Motion to Dismiss Count III ­ Punitive Damages Without Prejudice [Docket No. 5]. The Court has reviewed the pleading and is fully advised in the premises. It is ORDERED that the motion to dismiss [Docket No. 5] is granted. It is further ORDERED that, pursuant to Fed. R. Civ. P. 41(a), count three of the Complaint [Docket No. 1], is dismissed without prejudice, with each party to bear its own attorneys' fees and costs. DATED June 21, 2009. BY THE COURT:

s/Philip A. Brimmer PHILIP A. BRIMMER United States District Judge