Canadian National Railway Company v. Caprock Pipe & Supply, Inc.

Filing 7

ORDER REJECTING SETTLEMENT AGREEMENT re: 5 Settlement Agreement, signed by Judge Richard P. Matsch on 3/12/2010. (rpmcd)

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Senior District Judge Richard P. Matsch Civil Action No. 09-cv-03030-RPM-MJW CANADIAN NATIONAL RAILWAY COMPANY, Plaintiff, v. CAPROCK PIPE & SUPPLY, INC., Defendant. ____________________________________________________________________________________ ORDER REJECTING SETTLEMENT AGREEMENT ____________________________________________________________________________________ On March 10, 2010, the parties filed a pleading designated "Order of Settlement" which provides for the payment of monthly installments beginning April 15, 2010, to March 15, 2011, and a provision that this case would be dismissed but jurisdiction retained to enforce the installment payments and the possible entry of a judgment in the event of a default. The agreement is not acceptable to the Court. It amounts to an inappropriate enforcement of a private contract. Accordingly, considering the pleading as a stipulation for the entry of an order of dismissal, it is ORDERED that the stipulation of settlement is rejected. DATED: March 12th, 2010 BY THE COURT: s/Richard P. Matsch _________________________________ Richard P. Matsch, Senior District Judge

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