Hamilton et al v. Poenisch et al

Filing 69

ORDER DISMISSING CASE WITHOUT PREJUDICE pursuant to Fed. R. Civ. P. 41(a)(2). Each party shall pay his, her or its own attorneys fees and costs. by Judge William J. Martinez on 4/6/2011. (erv, )

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Judge William J. Martínez Civil Action No. 10-cv-02481-WJM-MJW TERRY D. HAMILTON, an individual; and CHEM-AWAY, INC., a Colorado Corporation, Plaintiffs, v. WALTER POENISCH, a/k/a James "Jim" Poenisch, an individual; SUZANNE CONRY, an individual; CHEYENNE, WY DEVELOPMENT CORPORATION, a Wyoming Corporation; EUGENE H. BARKER, an individual; BERNARD C. MAYNES, an individual; B&B 2ND MORTGAGE, LLC, a Colorado Limited Liability Company; B&B VENTURES, LLC, a Colorado Limited Liability Company; HIGH POINTE, LLC, a Colorado Limited Liability Company; THOMAS W. METCALF, an individual; THOMAS W. METCALF, ATTORNEY AT LAW, a professional law firm; GARY L. BUTLER, an individual; and CENTENNIAL BANK OF THE WEST, a/k/a GUARANTY BANK AND TRUST COMPANY, a Colorado Corporation, Defendants.

ORDER TO DISMISS WITHOUT PREJUDICE

This matter is before the Court on the Plaintiffs' Motion to Dismiss (ECF No. 68), filed April 1, 2011. Defendants do not oppose the motion. Accordingly, the Court hereby ORDERS as follows: The above-captioned matter is DISMISSED WITHOUT PREJUDICE pursuant to Fed. R. Civ. P. 41(a)(2). Each party shall pay his, her or its own attorney's fees and costs.

Dated this 6th day of April, 2011. BY THE COURT:

_______________________ William J. Martínez United States District Judge

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