Henderson v. Benchmark Strategy, LLC

Filing 63

ORDER re: 57 Order, the Clerk of the Court is directed to enter judgment in favor of the defendant and against the plaintiff on the plaintiff's claim for breach of contract, dismissing that claim with prejudice. The 62 defendant's counterclaim is dismissed pursuant to Fed. R. Civ. P. 41(a)(2) and 41(c), by Magistrate Judge Boyd N. Boland on 09/19/2011. (wjc, )

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Magistrate Judge Boyd N. Boland Civil Action No. 09-cv-01714-BNB-KLM RICHARD HENDERSON, Plaintiff, v. BENCHMARK STRATEGY, LLC, Defendant. ______________________________________________________________________________ ORDER ______________________________________________________________________________ By an Order [Doc. # 57, filed 8/16/2011] I granted the defendant’s motion for summary judgment on the plaintiff’s sole claim for breach of contract. Subsequently, the parties filed a Stipulation for Dismissal of Counterclaim [Doc. # 62, filed 9/15/2011]. IT IS ORDERED: (1) Consistent with the Order [Doc. # 57], the Clerk of the Court is directed to enter judgment in favor of the defendant and against the plaintiff on the plaintiff’s claim for breach of contract, dismissing that claim with prejudice; and (2) On the stipulation of the parties, the defendant’s counterclaim is dismissed pursuant to Fed. R. Civ. P. 41(a)(2) and 41(c). Dated September 19, 2011. BY THE COURT: s/ Boyd N. Boland United States Magistrate Judge

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