Parker Sheet Metal, Inc. v. Contractor's Bonding and Insurance Company et al

Filing 50

ORDER of Dismissal of Certain Claims and Defenses With Prejudice. ORDERED that the parties' Stipulated Motion for Dismissal of Certain Claims and Defenses 48 is GRANTED. ORDERED that the parties joint Motion for Order Confirming Settlement Agreement as a Court Order 49 is GRANTED. ORDERED that the parties shall file a status report indicating which issues are remaining for this court to resolve on or before May 25, 2012 by Chief Judge Wiley Y. Daniel on 05/15/12.(jjhsl, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Civil Action No. 11-cv-00745 WYD-KLM
UNITED STATES, FOR THE USE OF
PARKER SHEET METAL, INC., a Colorado
Corporation,
Plaintiff,
v.
CONTRACTOR’S BONDING AND
INSURANCE COMPANY; JE HURLEY
CONSTRUCTION, INC.; HURST & BURR
MECHANICAL, INC.; JAMES MARTIN; and
DAVID DRAPER
Defendants.

)
)
)
)
)
)
)
)
)
)
)
)

ORDER OF DISMISSAL OF CERTAIN CLAIMS AND DEFENSES WITH PREJUDICE

THIS MATTER comes before the Court on the parties’ Stipulated Motion for
Dismissal of Certain Claims and Defenses [ECF No. 48], filed May 8, 2012 and the
parties’ joint Motion for Order Confirming Settlement Agreement as a Court Order [ECF
No. 49], filed May 8, 2012. After carefully reviewing the above-captioned case, I find
that the parties’ Motion for Dismissal should be granted and the counterclaims and
affirmative defenses in this case should be dismissed with prejudice pursuant to Fed. R.
Civ. 41(a). Accordingly, it is
ORDERED that the parties’ Stipulated Motion for Dismissal of Certain Claims
and Defenses [ECF No. 48], filed May 8, 2012, is GRANTED. In accordance therewith,
all Counterclaims that JE Hurley Construction, Inc. (JEH) filed against Parker Sheet
Metal, Inc. (Parker) in this matter and all affirmative defenses asserted by JEH and
Contractor’s Bonding Insurance Company in response to Parker’s claims are

DISMISSED WITH PREJUDICE, each party to bear its own attorney fees and costs. It
is
FURTHER ORDERED that the parties’ joint Motion for Order Confirming
Settlement Agreement as a Court Order [ECF No. 49], filed May 8, 2012 is GRANTED.
It is
FURTHER ORDERED that the parties shall file a status report indicating which
issues are remaining for this court to resolve on or before May 25, 2012.
Dated: May 15, 2012.
BY THE COURT:

s/ Wiley Y. Daniel
WILEY Y. DANIEL,
CHIEF UNITED STATES DISTRICT JUDGE

-2