Maisel v. Erickson Construction, Inc. et al

Filing 121

ORDER. The Stipulated Motion For Dismissal of Cross-Claimants/Third-PartyPlaintiffs Breach of Implied Warranty Claim Without Prejudice 115 filed 10/18/2011, is GRANTED. Cross-claimants/third-party plaintiffs, Erikson Construction, Inc., and Rickie Dean Eriksons claim for breach of implied warranty against cross-claim defendant, Cog Plumbing & Heating Inc. is DISMISSED WITHOUT PREJUDICE. Cross-claim defendant, Cog Plumbing & Heating, Inc., is DROPPED as a named cross-claim defendant in this action, and the case caption is amended accordingly. By Judge Robert E. Blackburn on 10/21/2011.(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,
JOHN’S CONSTRUCTION,
PEAK SERVICE AND RENOVATION INC., d/b/a Peak Mechanical Services, Inc., a Colorado
corporation, and
THE LOG CONNECTION, 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 RE STIPULATED MOTION FOR DISMISSAL OF
CROSS-CLAIMANTS/THIRD-PARTY PLAINTIFFS’ BREACH OF IMPLIED WARRANTY
CLAIM WITHOUT PREJUDICE
Blackburn, J.
The matter before me is the Stipulated Motion For Dismissal of Cross-

Claimants/Third-Party Plaintiffs’ Breach of Implied Warranty Claim Without Prejudice
[#115]1 filed October 18, 2011. After reviewing the motion and the file, I conclude that the
motion should be granted and that cross-claimants/third-party plaintiffs’ claim for breach of
implied warranty should be dismissed without prejudice.
THEREFORE, IT IS ORDERED as follows:
1. That the Stipulated Motion For Dismissal of Cross-Claimants/Third-Party
Plaintiffs’ Breach of Implied Warranty Claim Without Prejudice [#115] filed October 18,
2011, is GRANTED; and
2. That cross-claimants/third-party plaintiffs, Erikson Construction, Inc., and Rickie Dean
Erikson’s claim for breach of implied warranty against cross-claim defendant, Cog Plumbing &
Heating Inc. is DISMISSED WITHOUT PREJUDICE; and
3. That cross-claim defendant, Cog Plumbing & Heating, Inc., is DROPPED as a named
cross-claim defendant in this action, and the case caption is amended accordingly.
Dated October 21, 2011, at Denver, Colorado.
BY THE COURT:

1

“[#115]” 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.