USA v. Ashcroft Homes Corp. et al

Filing 71

ORDER. The Parties Stipulation 70 is GRANTED. Count Two of the United States Second Amended Complaint 52 , and all remaining counterclaims, are DISMISSED WITH PREJUDICE. The cross claim of Defendants Anita L. and Timothy J. Russell against Defend ant Ashcroft Homes Corp, is DISMISSED WITHOUT PREJUDICE. The Notice of Lis Pendens recorded by the United States on 9/8/2011 at Reception No. 211086939, Clerk and Recorder of El Paso County, Colorado is hereby RELEASED and shall no longer affect tit le to the real property described in said lis pendens. The 11/29/2011 Judgment of this Court as to Count 1 of the United States First Amended Complaint 28 , as modified by this Courts Order of December 21, 2011 43 remains in effect. Each party shall bear his/her and its own costs and attorneys fees. By Judge William J. Martinez on 6/22/2012.(sahsl, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Judge William J. Martínez
Civil Case No. 11-cv-02278-WJM-KLM
UNITED STATES OF AMERICA,
Plaintiff,
v.
ASHCROFT HOMES CORP,
ANITA L. RUSSELL,
TIMOTHY J. RUSSELL,
USAA FEDERAL SAVINGS BANK,
FIRST TENNESSEE BANK NATIONAL ASSOCIATION,
TIMBER CREEK HOLDINGS, L.P.,
ASHCROFT HOMES OF COLORADO, INC., and
ABSOLUTE CONSTRUCTION SERVICES, LLC.,
Defendants.

ORDER GRANTING STIPULATED MOTION TO DISMISS

This matter comes before the Court on the Parties’ Stipulation of the remaining
represented parties for dismissal of Count Two of the United States’ Second Amended
Complaint and Remaining Claims with Prejudice, and a request for dismissal of the
remaining parties that have not appeared in this action, pursuant to Federal Rule of Civil
Procedure 41(a), filed June 22, 2012 (ECF No. 70). The Court having reviewed the
Stipulation and for good cause shown hereby ORDERS as follows:
The Parties’ Stipulation is GRANTED. Count Two of the United States’ Second
Amended Complaint (ECF No. 52), and all remaining counterclaims, are DISMISSED
WITH PREJUDICE.

It is FURTHER ORDERED that the cross claim of Defendants Anita L. and
Timothy J. Russell against Defendant Ashcroft Homes Corp, is DISMISSED WITHOUT
PREJUDICE.
It is FURTHER ORDERED that the Notice of Lis Pendens recorded by the United
States on September 8, 2011 at Reception No. 211086939, Clerk and Recorder of El
Paso County, Colorado is hereby RELEASED and shall no longer affect title to the real
property described in said lis pendens.
It is FURTHER ORDERED that the November 29, 2011 Judgment of this Court
as to Count 1 of the United States’ First Amended Complaint (ECF No. 28), as modified
by this Court’s Order of December 21, 2011 (ECF No. 43) remains in effect.
It is FURTHER ORDERED that each party shall bear his/her and its own costs
and attorney’s fees.
Dated this 22nd day of June, 2012.
BY THE COURT:

_______________________
William J. Martínez
United States District Judge

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