Countryman v. Farmers Insurance Exchange et al

Filing 117

ORDER DISMISSING CASE. The Stipulation of Dismissal 116 is APPROVED and DISMISSED WITH PREJUDICE, with each party to bear its own costs, attorney fees, and other expenses of litigation. The Trial Preparation Conference is VACATED. The jury trial is VACATED. Any pending motion is DENIED as moot. By Judge Robert E. Blackburn on 10/16/2012. (kfinn, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Judge Robert E. Blackburn
Civil Case No. 10-cv-01075-REB-KMT
LAWRENCE COUNTRYMAN, on behalf of himself and all others similar situated,
Plaintiff,
v.
FARMERS INSURANCE EXCHANGE, an insurer, and owner of MID-CENTURY
INSURANCE COMPANY, a California corporation,
Defendant.
ORDER OF DISMISSAL
Blackburn, J.
The matter before me is the Stipulation of Dismissal [#116]1 filed October 15,
2012. After reviewing the stipulation and the record, I conclude that the stipulation
should be approved and that this action should be dismissed with prejudice.
THEREFORE, IT IS ORDERED as follows:
1. That the Stipulation of Dismissal [#116] filed October 15, 2012, is
APPROVED;
2. That the Trial Preparation Conference set for October 19, 2012, is VACATED;
3. That the jury trial set to commence November 5, 2012, is VACATED;
4. That any pending motion is DENIED as moot; and

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“[#116]” is an example of the convention I use to identify the docket number assigned to a
specific paper by the court’s electronic case filing and management system (CM/ECF). I use this
convention throughout this order.

5. That all remaining claims of plaintiff, Lawrence Countryman against
defendants Farmers Insurance Exchange and Mid-Century Insurance Company, except
for those claims asserted on behalf of himself and the purported two-year-limit subclass
(as defined in plaintiff’s complaint) that were alleged in plaintiff’s complaint as (1) breach
of contract, (2) violation of C.R.S. § § 10-4-635 to -636, (3) willful and wanton breach of
contract, (4) deceptive trade practices - violation of C.R.S. § 6-1-105(1), (5) violation of
C.R.S. § § 10-3-1115 to -1116, and (6) declaratory relief, which claims were previously
dismissed with prejudice by the Order Granting Motion To Dismiss [#100] and which
plaintiff has indicated an intention to appeal, are DISMISSED WITH PREJUDICE, with
each party to bear its own costs, attorney fees, and other expenses of litigation.
Dated October 16, 2012, at Denver, Colorado.
BY THE COURT:

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