Crossroads Commercial Center, Ltd., LLLP v. Kraft

Filing 89

ORDER OF PARTIAL DISMISSAL granting 87 Stipulated Motion To Dismiss All Claims Between Plaintiff Crossroads Commercial Center, Ltd, LLLP, Defendant Garold B. Kraft and Third-Party Defendant Randolph G. Currier. The claims of plaintiff Crossroads C ommercial Center, Ltd., LLLP against defendant Garold B.Kraft, d/b/a Exotic Motors are DISMISSED WITH PREJUDICE. The counterclaims of defendant Garold B. Kraft's d/b/a Exotic Motors against plaintiff Crossroads Commercial Center, Ltd., LLLP are DISMISSED WITH PREJUDICE. The claims of third-party plaintiff Garold B. Kraft's d/b/a Exotic Motors against third-party defendant Randolph G. Currier are DISMISSED WITH PREJUDICE. By Judge Robert E. Blackburn on 12/4/12. (kfinn, ) Modified on 12/4/2012 to add text. (kfinn, ).

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/Third-Party Plaintiff,
v.
VAL SIMONE, and
RALPH G. CURRIER,
Third-Party Defendants.
ORDER OF PARTIAL DISMISSAL
Blackburn, J.
The matter is before me on the Stipulated Motion To Dismiss All Claims
Between Plaintiff Crossroads Commercial Center, Ltd, LLLP, Defendant Garold B.
Kraft and Third-Party Defendant Randolph G. Currier [#87]1 filed November 30,
2012. After reviewing the motion and the record, I conclude that the motion should be
granted; that plaintiff’s claims against defendant Garold B.Kraft, d/b/a Exotic Motors
should be dismissed with prejudice; that Kraft’s counterclaims against plaintiff
Crossroads should be dismissed with prejudice; and that third-party plaintiff Kraft’s
claims against third-party defendant Currier should be dismissed with prejudice.

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“[#87]” 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.

THEREFORE, IT IS ORDERED as follows:
1. That Stipulated Motion To Dismiss All Claims Between Plaintiff
Crossroads Commercial Center, Ltd, LLLP, Defendant Garold B. Kraft and ThirdParty Defendant Randolph G. Currier [#87] filed November 30, 2012, is GRANTED;
2. That the claims of plaintiff Crossroads Commercial Center, Ltd., LLLP against
defendant Garold B.Kraft, d/b/a Exotic Motors are DISMISSED WITH PREJUDICE with
each of the affected parties to pay their or its own attorney fees and costs;
3. That the counterclaims of defendant Garold B. Kraft’s d/b/a Exotic Motors
against plaintiff Crossroads Commercial Center, Ltd., LLLP are DISMISSED WITH
PREJUDICE with each of the affected parties to pay their or its own attorney fees and
costs;
4. That the claims of third-party plaintiff Garold B. Kraft’s d/b/a Exotic Motors
against third-party defendant Randolph G. Currier are DISMISSED WITH PREJUDICE
with each of the affected parties to pay its own attorney fees and costs; and
5. That plaintiff Crossroads Commercial Center, Ltd., LLLP, Garold B.Kraft, d/b/a
Exotic Motors, and Randolph G. Currier are DROPPED as named parties to this action,
and the case caption is amended accordingly.
Dated December 4, 2012, at Denver, Colorado.
BY THE COURT:

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