Pama Ventures, LLC v. Wellens

Filing 40

AMENDED ORDER OF DISMISSAL re: 39 Order. The Notice of Voluntary Dismissal of Third Party Claims Without Prejudice 37 filed 05/11/2010, is APPROVED. The Notice of Stipulation For Voluntary Dismissal of Third PartyClaims 38 on 05/11/2010, is AP PROVED. The third-party claims filed by defendant/third-party plaintiff, Brian Wellens, against third-party defendants, Gary Carpenter, Rick Doane, Casa Brisas Holdings, LLC, Jeffrey Tallman, and Cypress Capital Management, LLC, are DISMISSED WITHOUT PREJUDICE. This order SUPPLANTS and SUPERSEDES the Order of Dismissal Without Prejudice of Third-party Claims 39 entered 05/11/2010.By Judge Robert E. Blackburn on 05/11/2010. (sah, )

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Judge Robert E. Blackburn Civil Case No. 09-cv-01426-REB-CBS PAMA VENTURES, LLC, a Washington limited liability company, Plaintiff, v. BRIAN WELLENS, Defendant/Third Party Plaintiff, v. GARY CARPENTER, an individual, RICK DOANE, an individual, CASA BRISAS HOLDINGS, LLC, a Colorado limited liability company, JEFFERY TALLMAN, an individual, and CYPRESS CAPITAL MANAGEMENT, LLC an Oregon limited liability company, Third Party Defendants. AMENDED1 ORDER OF DISMISSAL WITHOUT PREJUDICE OF THIRD-PARTY CLAIMS Blackburn, J. The matters before the court are: (1) Notice of Voluntary Dismissal of Third Party Claims Without Prejudice [#37] filed May 11, 2010; and (2) Notice of Stipulation For Voluntary Dismissal of Third Party Claims [#38] filed May 11, 2010. After reviewing the notices and the file, I conclude that the notices should be approved and that the third party claims filed by defendant/third party plaintiff, Brian Wellens,

This amended order is necessary to correct that part of my Order of Dismissal Without Prejudice of Third-Party Claims [#39] entered May 11, 2010, which purported to dismiss all third-party claims against all third-party defendants based only on the Notice of Voluntary Dismissal of Third Party Claims Without Prejudice [#37] filed May 11, 2010, which did not include third-party claims against thirdparty defendants, Carpenter and Doane.

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against the third party defendants should be dismissed without prejudice. THEREFORE, IT IS ORDERED as follows: 1. That the Notice of Voluntary Dismissal of Third Party Claims Without Prejudice [#37] filed May 11, 2010, is APPROVED; 2. That the Notice of Stipulation For Voluntary Dismissal of Third Party Claims [#38] on May 11, 2010, is APPROVED; 3. That the third-party claims filed by defendant/third-party plaintiff, Brian Wellens, against third-party defendants, Gary Carpenter, Rick Doane, Casa Brisas Holdings, LLC, Jeffrey Tallman, and Cypress Capital Management, LLC, are DISMISSED WITHOUT PREJUDICE; 4. That any pending motion filed on behalf of the third-party defendants, Gary Carpenter, Rick Doane, Casa Brisas Holdings, LLC, Jeffrey Tallman, and Cypress Capital Management, LLC, is DENIED as moot; 5. That third-party defendants, Gary Carpenter, Rick Doane, Casa Brisas Holdings, LLC, Jeffrey Tallman, and Cypress Capital Management, LLC, are DROPPED as named parties to this litigation, and the case caption is amended accordingly; and 6. That this order SUPPLANTS and SUPERSEDES the Order of Dismissal Without Prejudice of Third-party Claims [#39] entered May 11, 2010. Dated May 11, 2010, at Denver, Colorado. BY THE COURT:

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