v. Iron Workers District Council of Tennessee Valley & Vicinity Pension Plan et al

Filing 62

ORDER. The plaintiffs Unopposed Motion for Final Order of Dismissal 61 filed 3/8/2012, is GRANTED. Under FED. R. CIV. P. 23.1(c) and 41(a), this case is DISMISSED without prejudice as to the named defendants. Under FED. R. CIV. P. 23.1(c) and 41( a), this case is DISMISSED with prejudice as to the plaintiff, Iron Workers District Council of Tennessee Valley & VicinityPension Plan, Derivatively on Behalf of Level 3 Communications, Inc. All other pending motions, including those docketed as [50, 51, and 52], are DENIED as moot. This case is CLOSED. By Judge Robert E. Blackburn on 3/13/2012.(sah, )

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Judge Robert E. Blackburn Civil Case No. 09-cv-02914-REB-BNB IRON WORKERS DISTRICT COUNCIL OF TENNESSEE VALLEY & VICINITY PENSION PLAN, Derivatively on Behalf of LEVEL 3 COMMUNICATIONS, INC., Plaintiff, v. JAMES Q. CROWE, KEVIN J. O’HARA, SUNIT S. PATEL, MICHAEL B. YANNEY, JAMES O. ELLIS JR., RICHARD R. JAROS, ROBERT E. JULIAN, ARUN NETRAVALI, JOHN T. REED, WALTER SCOTT, JR., and ALBERT C. YATES, Defendants, and LEVEL 3 COMMUNICATIONS, INC., a Delaware corporation, Nominal Defendant. ORDER GRANTING MOTION FOR FINAL ORDER OF DISMISSAL Blackburn, J. This matter is before the court on the plaintiff’s Unopposed Motion for Final Order of Dismissal [#61]1 filed March 8, 2012. In this motion, and in a previous motion [#59], the parties seek an order approving the voluntary dismissal of this shareholder 1 “[#61]” is an example of the convention I use to identify the docket number assigned to a specific paper by the court’s case management and electronic case filing system (CM/ECF). I use this convention throughout this order. derivative action. The parties propose a dismissal with prejudice as to the plaintiff and without prejudice otherwise. A parallel shareholder derivative action is pending in state court. In re Level 3 Communications Inc. Derivative Litigation, Lead Case No. 2009CV59 (District Court, Broomfield County, Colorado). The parties have complied with the requirements of FED. R. CIV. P. 23.1(c). Thus, the stipulated and voluntary dismissal of this case is appropriate. THEREFORE, IT IS ORDERED as follows: 1. That the plaintiff’s Unopposed Motion for Final Order of Dismissal [#61] filed March 8, 2012, is GRANTED; 2. That under FED. R. CIV. P. 23.1(c) and 41(a), this case is DISMISSED without prejudice as to the named defendants; 3. That under FED. R. CIV. P. 23.1(c) and 41(a), this case is DISMISSED with prejudice as to the plaintiff, Iron Workers District Council of Tennessee Valley & Vicinity Pension Plan, Derivatively on Behalf of Level 3 Communications, Inc.; 4. That all other pending motions, including those docketed as [#50, #51, and #52], are DENIED as moot; and 5. That this case is CLOSED. Dated March 13, 2012, at Denver, Colorado. BY THE COURT: 2

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