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

Filing 46

ORDER re: 44 Stipulation of Dismissal of Case filed by Tri-State Generation and Transmission Association, Inc.; Plaintiff Roosevelts Complaint in this civil action, and all claims and causes of action Roosevelt has asserted against Defendants Tri-State, Thompson, Harold Hub Thompson, Brian Schlagel, James Jimmy Bason, Jack Hammond, Tom Holgerson, Thain Michie and Charles Jim Soehner, are DISMISSED WITH PREJUDICE. Tri-States Counterclaims against Roosevelt in this civil action, and all claims and causes of action Tri- State has asserted against Roosevelt are DISMISSED WITH PREJUDICE. Tri-States Counterclaims against Plaintiffs other than Roosevelt are unaffected by this Order and shall remain pending, by Judge William J. Martinez on 3/29/2012. (ervsl, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Judge William J. Martinez
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.,
HAROLD “HUB” THOMPSON,
BRIAN SCHALAGEL,
JAMES “JIMMY” BASON,
JACK HAMMOND,
TOM HOLGERSON,
THAINE MICHIE, and
CHARLES “JIM” SOEHNER
Defendants.
_____________________________________________________________________________
ORDER
______________________________________________________________________________
This matter comes before the Court on the Stipulation for Dismissal filed by
Plaintiff Roosevelt Public Power District (“Roosevelt”) and Defendants Tri-State
Generation and Transmission Association, Inc. (“Tri-State) and Harold “Hub” Thompson
(“Thompson”) filed March 28, 2012 (ECF No. 44). The Court having reviewed the
Stipulation and being fully advised hereby ORDERS as follows:

1.

Plaintiff Roosevelt’s Complaint in this civil action, and all claims and
causes of action Roosevelt has asserted against Defendants Tri-State,
Thompson, Harold “Hub” Thompson, Brian Schlagel, James “Jimmy”
Bason, Jack Hammond, Tom Holgerson, Thain Michie and Charles “Jim”
Soehner, are DISMISSED WITH PREJUDICE. Such dismissal shall not
affect Roosevelt’s right to assert claims relating to terms and conditions for
withdrawal from Tri-State that are established by Tri-State’s Board of
Directors subsequent to the date of this Order; or claims Roosevelt may
have concerning its rights (if any) to federal hydropower allocations.

2.

Tri-State’s Counterclaims against Roosevelt in this civil action, and all
claims and causes of action Tri-State has asserted against Roosevelt are
DISMISSED WITH PREJUDICE. Tri-State’s Counterclaims against
Plaintiffs other than Roosevelt are unaffected by this Order and shall
remain pending.

3.

Roosevelt and all Defendants shall bear their own costs and fees,
including attorney’s fees and expert witness fees.

Dated this 29th day of March, 2012.
BY THE COURT:

_______________________
William J. Martínez
United States District Judge
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