Chimney Rock Public Power District et al v. Tri-State Generation and Transmission Association, Inc. et al

Filing 313

ORDER granting 312 the Joint Motion for Dismissal of Defendant Tri-States Four Remaining Counterclaims as Moot. Tri-States First through Fourth Counterlcaims against Plaintiffs are hereby DISMISSED WITHOUT PREJUDICE. The Court defers ruling on whether to award costs to Plaintiffs or Defendant Tri- State until all of the claims between them have been resolved, by Judge William J. Martinez on 3/28/2014.(evana, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Judge William J. Martínez
Civil Action No. 10-cv-02349-WJM-KMT
CHIMNEY ROCK PUBLIC POWER DISTRICT,
MIDWEST ELECTRIC COOPERATIVE CORPORATION,
NORTHWEST RURAL PUBLIC POWER DISTRICT,
PANHANDLE RURAL ELECTRIC MEMBERSHIP ASSOCIATION, and
ROOSEVELT PUBLIC POWER DISTRICT,
Plaintiffs,
v.
TRI-STATE GENERATION AND TRANSMISSION ASSOCIATION, INC.,
Defendant.
______________________________________________________________________
TRI-STATE GENERATION AND TRANSMISSION ASSOCIATION, INC.,
Counterclaim Plaintiff,
v.
CHIMNEY ROCK PUBLIC POWER DISTRICT,
MIDWEST ELECTRIC COOPERATIVE CORPORATION,
NORTHWEST RURAL PUBLIC POWER DISTRICT, and
PANHANDLE RURAL ELECTRIC MEMBERSHIP ASSOCIATION,
Counterclaim Defendants.
______________________________________________________________________
TRI-STATE GENERATION AND TRANSMISSION ASSOCIATION, INC.,
Third-Party Plaintiff,
v.
RYAN REIBER, and
JERRY UNDERWOOD,
Third-Party Defendants.

____________________________________________________________________
ORDER GRANTING JOINT MOTION FOR DISMISSAL OF TRI-STATE’S
FOUR REMAINING COUNTERCLAIMS
______________________________________________________________________
This matter comes before the Court on the Joint Motion for Dismissal of
Defendant Tri-State’s Four Remaining Counterclaims as Moot, filed March 27, 2014
(ECF No. 312). The Court having reviewed the Motion and being fully advised hereby
ORDERS as follows:
The Joint Motion is GRANTED. Tri-State’s First through Fourth Counterlcaims
against Plaintiffs are hereby DISMISSED WITHOUT PREJUDICE. The Court defers
ruling on whether to award costs to Plaintiffs or Defendant Tri-State until all of the claims
between them have been resolved.
Dated this 28th day of March, 2014.
BY THE COURT:

__________________________
William J. Martínez
United States District Judge

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