Maisel v. Erickson Construction, Inc. et al

Filing 103

ORDER. The Stipulation For Dismissal With Prejudice of Defendants Steamboat Landscaping, Inc., d/b/a Mountain West Environments, Inc., David Johns d/b/a Johns Construction, and Cross Seven, Inc. 102 filed 9/15/2011, is APPROVED.Plaintiffs claims ag ainst defendants, Steamboat Landscaping, Inc., d/b/aMountain West Environments, Inc., David Johns d/b/a Johns Construction, and Cross Seven, Inc., are DISMISSED WITH PREJUDICE with the parties to pay their own attorney fees and costs. Defendants, St eamboat Landscaping, Inc., d/b/a Mountain West Environments, Inc., David Johns d/b/a Johns Construction, and Cross Seven, Inc., are DROPPED as named parties to this action, and the case caption is amended accordingly. By Judge Robert E. Blackburn on 9/16/2011. (sah, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Judge Robert E. Blackburn
Civil Case No. 11-cv-00555-REB-KLM
ELLIOT B. MAISEL,
Plaintiff,
v.
ERICKSON CONSTRUCTION, INC., a Colorado corporation,
RICKIE DEAN ERICKSON, individually,
CHARLES L. CUNNIFFE, individually, d/b/a Charles Cunniffe & Assoc, Architects,
ALPINE HEATING AND SHEET METAL, INC., a Colorado corporation,
COG PLUMBING & HEATING, INC., a Colorado corporation,
FRONTIER ENTERPRISES, LTD., d/b/a Frontier Structures, Inc., a Colorado corporation,
JOHN’S CONSTRUCTION,
PEAK SERVICE AND RENOVATION INC., d/b/a Peak Mechanical Services, Inc., a Colorado
corporation,
STEAMBOAT LANDSCAPING, INC., d/b/a Mountain West Environments, Inc., a Colorado
corporation,
THE LOG CONNECTION, INC., a Colorado corporation,
TINMAN ROOFING AND HOME IMPROVEMENTS, INC., a Colorado corporation,
DAVID JOHNS, individually d/b/a Johns Construction, and
CROSS SEVEN, INC., a Colorado corporation,
Defendants.

ORDER OF DISMISSAL AS DEFENDANTS
STEAMBOAT LANDSCAPING, INC., d/b/a MOUNTAIN WEST ENVIRONMENTS, INC.,
DAVID JOHNS, d/b/a JOHNS CONSTRUCTION, AND CROSS SEVEN, INC.
ONLY
Blackburn, J.
The matter is before me on the Stipulation For Dismissal With Prejudice of
Defendants Steamboat Landscaping, Inc., d/b/a Mountain West Environments, Inc., David
Johns d/b/a Johns Construction, and Cross Seven, Inc. [#102]1 filed September 15, 2011.
After reviewing the stipulation and the file, I conclude that the stipulation should be approved

1

“[#102]” 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.

and that plaintiff’s claims against defendants, Steamboat Landscaping, Inc., d/b/a Mountain
West Environments, Inc., David Johns d/b/a Johns Construction, and Cross Seven, Inc., should
be dismissed with prejudice.
THEREFORE, IT IS ORDERED as follows:
1. That the Stipulation For Dismissal With Prejudice of Defendants Steamboat
Landscaping, Inc., d/b/a Mountain West Environments, Inc., David Johns d/b/a Johns
Construction, and Cross Seven, Inc. [#102] filed September 15, 2011, is APPROVED;
2. That plaintiff’s claims against defendants, Steamboat Landscaping, Inc., d/b/a
Mountain West Environments, Inc., David Johns d/b/a Johns Construction, and Cross Seven,
Inc., are DISMISSED WITH PREJUDICE with the parties to pay their own attorney fees and
costs; and
3. That defendants, Steamboat Landscaping, Inc., d/b/a Mountain West Environments,
Inc., David Johns d/b/a Johns Construction, and Cross Seven, Inc., are DROPPED as named
parties to this action, and the case caption is amended accordingly.
Dated September 16, 2011, at Denver, Colorado.
BY THE COURT:

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