Maisel v. Erickson Construction, Inc. et al

Filing 8

ORDER. The Notice of Dismissal Without Prejudice 7 filed 4/21/2011, is APPROVED. Plaintiffs claims against defendants, Alpine Lumber Company, Blue Mountain Log and Lumber, LLC, Cedar Supply Company d/b/a Rocky Mountain Forest Products, Inc., Flat Top Gypsum Floors, LLC, Douglas L. Jones, individually, d/b/a Doug Jones Sawmill, Mingle Wood Timbers, Inc., Sierra Pacific Windows, a division of Sierra Pacific Industries, Inc., SnoozEase Furniture Company d/b/a SnoozEase Home & Hearth Outfitters, Speciality Wood Products, Inc., TGE-MM, LLC d/b/a The Grand Entrace, LLC, and The Appalachian Hardwood Company of Steamboat, are DISMISSED WITHOUT PREJUDICE. By Judge Robert E. Blackburn on 4/22/2011. (sah, )

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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, ALPINE LUMBER COMPANY, a Colorado corporation, BLUE MOUNTAIN LOG AND LUMBER, LLC, a Utah limited liability company, CEDERAL SUPPLY COMPANY, d/b/a Rocky Mountain Forest Products, Inc., a Colorado corporation, COG PLUMBING & HEATING, INC., a Colorado corporation, COLUMBINE INSULATING, INC., a Colorado corporation, FLAT TOP GYPSUM FLOORS, LLC, a Colorado limited liability company, FRONTIER ENTERPRISES, LTD., d/b/a Frontier Structures, Inc., a Colorado corporation, JOHN’S CONSTRUCTION, DOUGLAS L. JONES, individually, d/b/a Doug Jones Sawmill, KEITH E. KELLY, individually, LOGARYTHMS, INC., a Colorado corporation, MINGLE WOOD TIMBERS, INC., a Colorado corporation, PEAK SERVICE AND RENOVATION INC., d/b/a Peak Mechanical Services, Inc., a Colorado corporation, SIERRA PACIFIC WINDOWS, a division of Sierra Pacific Industries, a California corporation, SNOOZ’EASE FURNITURE COMPANY, d/b/a Snooz’ease Home & Hearth Outfitters, a Colorado corporation, SPECIALTY WOOD PRODUCTS, INC., a Colorado corporation, STEAMBOAT LANDSCAPING, INC., d/b/a Mountain West Environments, Inc., a Colorado corporation, TBW, INC., a Colorado corporation, TGE-MM, LLC, d/b/a The Grand Entrance, LLC, a Colorado limited liability company, THE APPALACHIAN HARDWOOD COMPANY OF STEAMBOAT, a Colorado corporation, THE LOG CONNECTION, INC., a Colorado corporation, TINMAN ROOFING AND HOME IMPROVEMENTS, INC., a Colorado corporation, and BRANDT VANDERBOSCH, individually, Defendants. ORDER OF DISMISSAL AS TO CERTAIN DEFENDANTS Blackburn, J. The matter is before me on the Notice of Dismissal Without Prejudice [#7] filed April 21, 2011. After reviewing the notice and the file, I conclude that the notice should be approved and that plaintiff’s claims against defendants, Alpine Lumber Company, Blue Mountain Log and Lumber, LLC, Cedar Supply Company d/b/a Rocky Mountain Forest Products, Inc., Flat Top Gypsum Floors, LLC, Douglas L. Jones, individually, d/b/a Doug Jones Sawmill, Mingle Wood Timbers, Inc., Sierra Pacific Windows, a division of Sierra Pacific Industries, Inc., Snooz’Ease Furniture Company d/b/a SnoozEase Home & Hearth Outfitters, Speciality Wood Products, Inc., TGE-MM, LLC d/b/a The Grand Entrace, LLC, and The Appalachian Hardwood Company of Steamboat, should be dismissed without prejudice. THEREFORE, IT IS ORDERED as follows: 1. That the Notice of Dismissal Without Prejudice [#7] filed April 21, 2011, is APPROVED; 2. That plaintiff’s claims against defendants, Alpine Lumber Company, Blue Mountain Log and Lumber, LLC, Cedar Supply Company d/b/a Rocky Mountain Forest Products, Inc., Flat Top Gypsum Floors, LLC, Douglas L. Jones, individually, d/b/a Doug Jones Sawmill, Mingle Wood Timbers, Inc., Sierra Pacific Windows, a division of Sierra Pacific Industries, Inc., Snooz’Ease Furniture Company d/b/a SnoozEase Home & Hearth Outfitters, Speciality Wood Products, Inc., TGE-MM, LLC d/b/a The Grand 2 Entrace, LLC, and The Appalachian Hardwood Company of Steamboat, are DISMISSED WITHOUT PREJUDICE; and 3. That defendants, Alpine Lumber Company, Blue Mountain Log and Lumber, LLC, Cedar Supply Company d/b/a Rocky Mountain Forest Products, Inc., Flat Top Gypsum Floors, LLC, Douglas L. Jones, individually, d/b/a Doug Jones Sawmill, Mingle Wood Timbers, Inc., Sierra Pacific Windows, a division of Sierra Pacific Industries, Inc., Snooz’Ease Furniture Company d/b/a SnoozEase Home & Hearth Outfitters, Speciality Wood Products, Inc., TGE-MM, LLC d/b/a The Grand Entrace, LLC, and The Appalachian Hardwood Company of Steamboat, are DROPPED as named parties to this action, and the case caption is amended accordingly. Dated April 22, 2011, at Denver, Colorado. BY THE COURT: 3

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