McCalmont et al v. Real Goods Solar, Inc.

Filing 71

ORDER OF DISMISSAL. The Stipulated Motion of Dismissal 70 filed 12/01/2010, is GRANTED. The Trial Preparation Conference set for 03/11/2011, is VACATED. The jury trial set to commence 03/28/2011, is VACATED. Any pending motion is DENIED as moot. This action is DISMISSED WITH PREJUDICE with the parties to paytheir own attorney fees and costs. By Judge Robert E. Blackburn on 12/02/2010. (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-02952-REB-KMT DARLENE J. MCCALMONT, and D. THOMPSON MCCALMONT, individual residents of California, Plaintiffs, v. REAL GOODS SOLAR, INC., a Colorado corporation, Defendant and REAL GOODS SOLAR, INC., Counterclaimant, v. D. THOMPSON McCALMONT, and DARLENE J. McCALMONT, Counterclaim Defendants. ORDER OF DISMISSAL Blackburn, J. The matter before me is the Stipulated Motion of Dismissal [#70] filed December 1, 2010. After reviewing the motion and the file, I conclude that the motion should be granted and that this action should be dismissed with prejudice. THEREFORE, IT IS ORDERED as follows: 1. That the Stipulated Motion of Dismissal [#70] filed December 1, 2010, is GRANTED; 2. That the Trial Preparation Conference set for March 11, 2011, is VACATED; 3. That the jury trial set to commence March 28, 2011, is VACATED; 4. That any pending motion is DENIED as moot; and 5. That this action is DISMISSED WITH PREJUDICE with the parties to pay their own attorney fees and costs. Dated December 2, 2010, at Denver, Colorado. BY THE COURT: 2

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