Maisel v. Erickson Construction, Inc. et al

Filing 111

ORDER. Plaintiffs Unopposed Motion For Dismissal of Defendants Frontier and Tinman Without Prejudice 110 filed 10/4/2011, is GRANTED. Plaintiffs claims against defendants, Frontier Enterprises, Ltd, d/b/a Frontier Structures Inc., and Tinman Roofi ng and Home Improvements, Inc., are DISMISSED WITHOUT PREJUDICE with the parties to pay their own attorney fees and costs. Defendants, Frontier Enterprises, Ltd, d/b/a Frontier Structures Inc., and Tinman Roofing and Home Improvements, Inc., are DROPPED as named parties to this action, and the case caption is amended accordingly.By Judge Robert E. Blackburn on 10/5/2011.(sah2, )

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,
THE LOG CONNECTION, INC., a Colorado corporation, and
TINMAN ROOFING AND HOME IMPROVEMENTS, INC., a Colorado corporation,
Defendants.
ERICKSON CONSTRUCTION, INC., a Colorado corporation,
RICKIE DEAN ERICKSON, individually,
Cross-Claimants/Third-Party Plaintiffs.
CHARLES L. CUNNIFFE, individually, d/b/a Charles Cunniffee & Assoc, Architects,
COG PLUMBING & HEATING, INC., a Colorado corporation,
PEAK SERVICE AND RENOVATION INC., d/b/a Peak Mechincal Services, Inc., a Colorado
corporation,
THE LOG CONNECTION, INC., a Colorado corporation,
DAVID JOHNS, individually, d/b/a Johns Construction,
CROSS SEVEN, INC., a Colorado corporation,
LOGARYTHMS, INC., a Colorado corporation,
STEAMBOAT LANDSCAPING, INC., d/b/a Mountain West Environments, Inc., a Colorado
corporation, and
TBW, INC., a Colorado corporation,
Cross-Claim Defendants/Third-Party Defendants.

ORDER OF DISMISSAL AS TO DEFENDANTS,
FRONTIER ENTERPRISES, LTD, AND
TINMAN ROOFING AND HOME IMPROVEMENTS, INC., ONLY

Blackburn, J.
The matter is before me on the Plaintiff’s Unopposed Motion For Dismissal of
Defendants Frontier and Tinman Without Prejudice [#110]1 filed October 4, 2011. After
reviewing the stipulation and the file, I conclude that the motion should be granted and that
plaintiff’s claims against defendants, Frontier Enterprises, Ltd, d/b/a Frontier Structures Inc.,
and Tinman Roofing and Home Improvements, Inc., should be dismissed without prejudice.
THEREFORE, IT IS ORDERED as follows:
1. That Plaintiff’s Unopposed Motion For Dismissal of Defendants Frontier and
Tinman Without Prejudice [#110] filed October 4, 2011, is GRANTED ;
2. That plaintiff’s claims against defendants, Frontier Enterprises, Ltd, d/b/a Frontier
Structures Inc., and Tinman Roofing and Home Improvements, Inc., are DISMISSED
WITHOUT PREJUDICE with the parties to pay their own attorney fees and costs; and
3. That defendants, Frontier Enterprises, Ltd, d/b/a Frontier Structures Inc., and
Tinman Roofing and Home Improvements, Inc., are DROPPED as named parties to this
action, and the case caption is amended accordingly.
Dated October 5, 2011, at Denver, Colorado.
BY THE COURT:

1

“[#110]” 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.