Maisel v. Erickson Construction, Inc. et al

Filing 150

ORDER DISMISSING DEFENDANT/THIRD-PARTY DEFENDANT PEAK SERVICE AND RENOVATION, INC. d/b/a PEAK MECHANICAL SERVICES, INC. WITHOUT PREJUDICE. The 149 Joint Unopposed Motion To Dismiss Defendant/Third-Party Defendant Peak Service and Renovation Inc. d/ b/a Peak Mechanical Services, Inc. Without Prejudice is GRANTED. The claims of the plaintiff against defendant/cross-claimant Peak Service and Renovation Inc., d/b/a Peak Mechanical Services, Inc. are DISMISSED WITHOUT PREJUDICE with each of the aff ected parties to pay its own attorney fees and costs. The claims of defendants/cross-claim plaintiffs Erickson Construction, Inc. and Rickie Dean Erickson against defendant/Cross-claimant Peak Service and Renovation Inc., d/b/a Peak Mechanical Servi ces, Inc. are DISMISSED WITHOUT PREJUDICE with each of the affected parties to pay its own attorney fees and costs. Defendant/cross-claimant Peak Service and Renovation Inc., d/b/a Peak Mechanical Services, Inc. is DROPPED as a named party to this action, by Judge Robert E. Blackburn on 05/24/2012.(wjcsl, )

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,
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.
CHARLES L. CUNNIFFE, individually, d/b/a Charles Cunniffee & Assoc, Architects,
COG PLUMBING & HEATING , INC., a Colorado corporation,
Cross Defendants.
ORDER DISMISSING DEFENDANT/THIRD-PARTY
DEFENDANT PEAK SERVICE AND RENOVATION, INC. d/b/a PEAK MECHANICAL
SERVICES, INC. WITHOUT PREJUDICE
Blackburn, J.
The matter is before me on the Joint Unopposed Motion To Dismiss
Defendant/Third-Party Defendant Peak Service and Renovation Inc. d/b/a Peak
Mechanical Services, Inc. Without Prejudice [#149]1 filed May 23, 2012. After

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“[#149]” 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.

reviewing the motion and the file, I conclude that the motion should be granted.
THEREFORE, IT IS ORDERED as follows:
1. That the Joint Unopposed Motion To Dismiss Defendant/Third-Party
Defendant Peak Service and Renovation Inc. d/b/a Peak Mechanical Services, Inc.
Without Prejudice [#149] filed May 23, 2012, is GRANTED;
2. That the claims of the plaintiff against defendant/cross-claimant Peak Service
and Renovation Inc., d/b/a Peak Mechanical Services, Inc. are DISMISSED WITHOUT
PREJUDICE with each of the affected parties to pay its own attorney fees and costs;
3. That the claims of defendants/cross-claim plaintiffs Erickson Construction, Inc.
and Rickie Dean Erickson against defendant/cross-claimant Peak Service and
Renovation Inc., d/b/a Peak Mechanical Services, Inc. are DISMISSED WITHOUT
PREJUDICE with each of the affected parties to pay its own attorney fees and costs;
3. That defendant/cross-claimant Peak Service and Renovation Inc., d/b/a Peak
Mechanical Services, Inc. is DROPPED as a named party to this action, and the case
caption is amended accordingly.
Dated May 24, 2012, at Denver, Colorado.
BY THE COURT:

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