Crossroads Commercial Center, Ltd., LLLP v. Kraft

Filing 63

ORDER DISMISSING THIRD-PARTY DEFENDANTS ERIC TUERS AND FEDERAL DEPOSIT INSURANCE CORPORATION, AS RECEIVER FOR BANK OF CHOICE, ONLY. The 62 Stipulation of Dismissal of Party filed by Federal Deposit Insurance Corporation is APPROVED. The claims of third-party plaintiff Garold B. Kraft against third-party defendants Eric Tuers and Federal Deposit Insurance Corporation, as Receiver for Bank of Choice, are DISMISSED WITH PREJUDICE, by Judge Robert E. Blackburn on 4/24/12. (mjgsl, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Judge Robert E. Blackburn
Civil Case No. 11-cv-02286-REB-CBS
CROSSROADS COMMERCIAL CENTER, LTD., LLP,
Plaintiff,
v.
GAROLD B. KRAFT, d/b/a EXOTIC MOTORS,
Defendant and Third-Party Plaintiff,
v.
VAL SIMONE,
ERIC TUERS,
RANDOLPH G. CURRIER, and
FEDERAL DEPOSIT INSURANCE CORPORATION, as Receiver for Bank of Choice,
Third-Party Defendants.
ORDER DISMISSING THIRD-PARTY DEFENDANTS ERIC TUERS AND
FEDERAL DEPOSIT INSURANCE CORPORATION, AS RECEIVER FOR BANK OF
CHOICE, ONLY
Blackburn, J.
The matter is before me on the Stipulation For Dismissal With Prejudice of
Third-Party Defendants Eric Tuers and Federal Deposit Insurance Corporation, as
Receiver For Bank of Choice [#62]1 filed April 23, 2012. After reviewing the stipulation
and the file, I conclude that the stipulation should be approved and that the claims of
third-party plaintiff Garold B. Kraft against third-party defendants Eric Tuers and Federal
Deposit Insurance Corporation, as Receiver for Bank of Choice, should be dismissed

1

“[#62]” 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.

with prejudice.
THEREFORE, IT IS ORDERED as follows:
1. That Stipulation For Dismissal With Prejudice of Third-Party Defendants
Eric Tuers and Federal Deposit Insurance Corporation, as Receiver For Bank of
Choice [#62] filed April 23, 2012, is APPROVED;
2. That the claims of third-party plaintiff Garold B. Kraft against third-party
defendants Eric Tuers and Federal Deposit Insurance Corporation, as Receiver for
Bank of Choice, are DISMISSED WITH PREJUDICE with each of the affected parties to
pay its own attorney fees and costs; and
3. That third-party defendants Eric Tuers and Federal Deposit Insurance
Corporation, as Receiver for Bank of Choice, are DROPPED as named parties to this
action, and the case caption is amended accordingly.
Dated April 24, 2012, at Denver, Colorado.
BY THE COURT:

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