Barberio v. B&V Design Inc.

Filing 21

ORDER Rejecting Stipulation for Judgment and Dismissal 20 by Judge Richard P. Matsch on 06/17/10. (jjh, )

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Senior District Judge Richard P. Matsch Civil Action No. 10-cv-00056-RPM-MEH NICHOLAS BARBERIO, Plaintiff, v. B&V DESIGN INC., dba BTW FINANCIAL COMPANY, and TIMOTHY WALKUP Defendant. ____________________________________________________________________________________ ORDER REJECTING STIPULATION FOR JUDGMENT ____________________________________________________________________________________ On June 16, 2010, a pleading designated Stipulation for Judgment and Dismissal and for Order Regarding Conditional Settlement [20] was filed. There has been no appearance for the corporate defendant in this case and the stipulation appears to be signed by defendant Timothy Walkup, both individually and on behalf of that company. The stipulation is not acceptable. Additionally, the stipulation calls for a conditional dismissal and essentially asks this court to stand by to enforce an installment payment agreement with provisions for an entry of judgment upon default. This procedure is not acceptable. It is therefore ORDERED that the stipulation for judgment and dismissal is rejected. DATED: June 17th, 2010 BY THE COURT: s/Richard P. Matsch _________________________________ Richard P. Matsch, Senior District Judge

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