Maisel v. Erickson Construction, Inc. et al

Filing 127

ORDER. The Stipulated Motion For Dismissal of Cross-Claimants/Third-Party Plaintiffs Breach of Implied Warranty Claim Without Prejudice [#126], filed 11/8/2011, is GRANTED. The claim for breach of implied warranty asserted by cross-claimants/third-p arty plaintiffs, Erickson Construction and Rickie Dean Erickson, against cross-claim defendant, Peak Service and Renovation, Inc., d/b/a Mechanical Services, Inc., is DISMISSED WITHOUT PREJUDICE, with the parties to pay their own attorney fees and costs. By Judge Robert E. Blackburn on 11/9/2011.(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 DISMISSING CROSS-CLAIMANT/STHIRD-PARTY PLAINTIFFS’
BREACH OF IMPLIED WARRANTY CLAIM WITHOUT PREJUDICE
Blackburn, J.
The matter is before me on the Stipulated Motion For Dismissal of CrossClaimants/Third-Party Plaintiffs’ Breach of Implied Warranty Claim Without Prejudice

[#126],1 filed November 8, 2011, by cross-claimants/third-party plaintiffs Rickie Dean
Erickson and Erickson Construction and cross-claim defendant, Peak Service and
Renovation, Inc., d/b/a Mechanical Service, Inc. After reviewing the motion and the file, I
conclude that the motion should be granted and that the breach of implied warranty claim of
defendants/cross-claimants/third-party plaintiffs Rickie Dean Erickson and Erickson
Construction Inc., against cross-claim defendant Peak Service and Renovation, Inc., d/b/a
Mechanical Service, Inc., 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 [#126], filed November 8,
2011, is GRANTED; and
2. That the claim for breach of implied warranty asserted by cross-claimants/thirdparty plaintiffs, Erickson Construction and Rickie Dean Erickson, against cross-claim
defendant, Peak Service and Renovation, Inc., d/b/a Mechanical Services, Inc., is
DISMISSED WITHOUT PREJUDICE, with the parties to pay their own attorney fees and
costs.
Dated November 9, 2011, at Denver, Colorado.
BY THE COURT:

1

“[#126]” 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.

2