Adams County, Board of County Commissioners v. Asay et al

Filing 41

ORDER re: 33 Stipulated Voluntary Dismissal Without Prejudice of Complaint Against Defendant Stacey Lynn Parkin f/k/a Stacey Lynn Spera. Plaintiff's claims against defendant Stacey Lynn Parkin are dismissed without prejudice. By Judge Philip A. Brimmer on 11/2/11. (mnfsl, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Judge Philip A. Brimmer
Civil Action No. 11-cv-02238-PAB-KLM
THE BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF ADAMS,
Plaintiff,
v.
LELAND ASAY,
SAMUEL VIDAL GOMEZ,
STACEY LYNN PARKIN f/k/a Stacey Lynn Spera,
JERRY LEE RHEA,
DENNIS GLENN COEN,
HEATH ALLEN RUSSO,
LOUIE GEORGE SCHIMPF,
QUALITY PAVING CO., a Colorado corporation, and
QUALITY RESURFACING CO., n/k/a QUALITY PAVING CO., a Colorado corporation,
Defendants.

ORDER

This matter is before Court on the Stipulated Voluntary Dismissal Without
Prejudice of Complaint Against Defendant Stacey Lynn Parkin f/k/a Stacey Lynn Spera
[Docket No. 33]. Plaintiff has agreed to the dismissal of plaintiff’s claims against Parkin
without prejudice. In exchange, Parkin has agreed to (1) voluntarily appear at
depositions, hearings, and trials in this case; (2) accept service by mail or electronic
transmission of notices or subpoenas issued by Plaintiff for testimony at depositions,
hearings, or trials; (3) waive the territorial limits on service contained in Rule 45 of the
Federal Rules of Civil Procedure and any applicable local rules with respect to such
notices and subpoenas, provided plaintiff reimburses defendant Parkin for travel and

lodging at a reasonable rate; and (4) consent to personal jurisdiction in any United
States District Court for purposes of enforcing any such subpoena. Wherefore, it is
ORDERED that plaintiff’s claims against defendant Stacey Lynn Parkin are
dismissed without prejudice.

DATED November 2, 2011.
BY THE COURT:

s/Philip A. Brimmer
PHILIP A. BRIMMER
United States District Judge

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