Smith v. Potter et al

Filing 29

ORDER Of Dismissal. The Stipulation of Dismissal 28 is APPROVED. The defendants' Motion to Dismiss 20 is DENIED AS MOOT. The Trial Preparation Conference set for 09/24/2010 is VACATED. The bench trial set for 09/27/2010 is VACATED. This action is DISMISSED WITH PREJUDICE with the parties to pay their own attorney fees and costs. By Judge Robert E. Blackburn on 02/04/2010. (sah, )

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Judge Robert E. Blackburn Civil Case No. 09-cv-01947-REB-MEH KIMBERLY S. SMITH, v. Plaintiff,

JOHN E. POTTER, Postmaster General, United States Postal Service, JIM DAMM, United States Postal Service Injury Compensation Specialist, in his individual and official capacity, Defendants. ORDER OF DISMISSAL Blackburn, J. The matter before me is the Stipulation of Dismissal [#28] filed February 3, 2010. After careful review of the stipulation and the file, I conclude that the stipulation should be approved and that this action should be dismissed with prejudice. THEREFORE, IT IS ORDERED as follows: 1. That the Stipulation of Dismissal [#28] filed February 3, 2010, is APPROVED; 2. That the defendants' Motion to Dismiss [#20] filed December 4, 2009, is DENIED AS MOOT; 3. That the Trial Preparation Conference set for September 24, 2010, is VACATED; 4. That the bench trial set to commence September 27, 2010, is VACATED; and 5. That this action is DISMISSED WITH PREJUDICE with the parties to pay their own attorney fees and costs.

Dated February 4, 2010, at Denver, Colorado. BY THE COURT:

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