Wingerter et al v. Gerber

Filing 182

ORDER. The 177 , 180 ( 178 Sealed) stipulated motions for entry of judgment are granted. The 179 unopposed motion to seal is granted in part and denied in part. Plaintiff's claims for fraud and civil theft against defendants Donald B. Wing erter, Jr. and BodySelect LLC are dismissed with prejudice, each side to bear their own costs and attorney's fees. Plaintiff has waived her rights to appeal the dismissal of her fraud and civil theft claims. Judgment shall enter against defendan ts Donald B. Wingerter, Jr., Greenhorn Ranch, LLC, and BodySelect, LLC, jointly and severally, on plaintiff's contract claims in the amount of $2,150,000, each side to bear their own costs and attorney's fees. The parties waive their right to appeal this judgment. The trial scheduled to commence on 10/3/2011 is vacated. By Judge Philip A. Brimmer on 7/28/11. (mnf, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Judge Philip A. Brimmer
Civil Case No. 09-cv-02000-PAB-MEH
ALLISON H. GERBER,
Plaintiff,
v.
DONALD B. WINGERTER, JR., an individual,
GREENHORN RANCH LLC, a Colorado limited liability company, and
BODYSELECT LLC, a Colorado limited liability company,
Defendants.
_____________________________________________________________________
ORDER
_____________________________________________________________________
This matter is before the Court on the stipulated motion for entry of judgment
against plaintiff Alison H. Gerber [Docket No. 177], stipulated motion for entry of
judgment and consent decree [Docket No. 178], and unopposed motion to seal [Docket
No. 179]. The Court is fully apprised of the grounds for each motion. It is
ORDERED that the stipulated motions for entry of judgment [Docket Nos. 177,
178] are GRANTED. It is further
ORDERED that the unopposed motion to seal [Docket No. 179] is GRANTED in
part and DENIED in part. It is further
ORDERED that plaintiff’s claims for fraud and civil theft against defendants
Donald B. Wingerter, Jr. and BodySelect LLC are DISMISSED with prejudice, each side
to bear their own costs and attorney’s fees. Plaintiff has waived her rights to appeal the
dismissal of her fraud and civil theft claims. It is further

ORDERED that judgment shall enter against defendants Donald B. Wingerter,
Jr., Greenhorn Ranch, LLC, and BodySelect, LLC, jointly and severally, on plaintiff’s
contract claims in the amount of $2,150,000, each side to bear their own costs and
attorney’s fees. The parties waive their right to appeal this judgment. It is further
ORDERED that the Court will separately enter and file, under seal, the Consent
Decree reached by the parties. It is further
ORDERED that the trial scheduled to commence on October 3, 2011 is
VACATED.

DATED July 28, 2011.
BY THE COURT:

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

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