Dalzell et al v. Trailhead Lodge at Wildhorse Meadows, LLC et al

Filing 118

ORDER. Th Stipulation of Dismissal Without Prejudice 111 os APPROVED. Plaintiffs state law claims in the fourth through seventh claims for relief inthe Second Amended Complaint 70 are DISMISSED WITHOUT PREJUDICE on the terms and conditions of the stipulation, with the parties to pay their own attorney fees and costs relating to the state law claims. By Judge Robert E. Blackburn on 12/06/2010. (sah, )

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Judge Robert E. Blackburn Civil Case No. 09-cv-02614-REB-KLM WILLIAM I. DALZELL, DEVON C. PURDY, SAM PROPERTIES V, LLC, a Colorado limited liability company, GREGORY HALLER, and PAMELA HALLER, Plaintiffs, v. TRAILHEAD LODGE AT WILDHORSE MEADOWS, LLC, a Colorado limited liability company, and RP STEAMBOAT SPRINGS, LLC a Delaware limited liability company, Defendants. ORDER APPROVING PARTIES' STIPULATION RE: DISMISSAL OF PLAINTIFFS' FOURTH THROUGH SEVENTH CLAIMS IN PLAINTIFFS' SECOND AMENDED COMPLAINT Blackburn, J. The matter before me is the Stipulation of Dismissal Without Prejudice [#111] filed December 2, 2010. After reviewing the stipulation and the file, I conclude that the stipulation should be approved and that plaintiffs' state law claims in the fourth through seventh claims for relief in the Second Amended Complaint [#70] should be dismissed without prejudice on the terms and conditions of the stipulation. THEREFORE, IT IS ORDERED as follows: 1. That the Stipulation of Dismissal Without Prejudice [#111] filed December 2, 2010, is APPROVED; and

2. That plaintiffs' state law claims in the fourth through seventh claims for relief in the Second Amended Complaint [#70] are DISMISSED WITHOUT PREJUDICE on the terms and conditions of the stipulation, with the parties to pay their own attorney fees and costs relating to the state law claims. Dated December 6, 2010, at Denver, Colorado. BY THE COURT:

2